Terms & Conditions
Effective Date: 8th day of August, 2022
These Terms and Conditions govern the use of https://tasmaniannumismatics.com.au/ (Website). By accessing or using the Website, You acknowledge that You have read and understand these Terms and Conditions and agree to be bound by them at all times. If You do not accept the Terms and Conditions, You must refrain from using the Website.
This Website is owned and operated by Newstyler Pty Ltd trading as Tasmanian Numismatics. Throughout these Terms and Conditions we are referred to as We, Our or Us. We refer to an individual as You or Your.
- Acceptable Use
As a user of Our Website, You must not:
- use the Website for any illegal purpose and agree to use it in accordance with all relevant laws;
- hack into the account of another user of the Website;
- post to or transmit to the Website any material which defames, harasses, or menaces, or which prevents any other person from using or enjoying the Website;
- knowingly transmit any viruses, worms, trojan horses or similar disabling or malicious code to the Website;
- use the Website in a manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
- modify, adapt or reverse engineer any portion of the Website; or
- use another person’s details without their knowledge or otherwise impersonate another person.
If We believe that You are using the Website illegally or in a manner that violates these Terms and Conditions, We reserve the right to limit, suspend or terminate Your access to the Website. We also reserve the right to take any legal steps necessary to prevent You from accessing the Website.
In the event that You have any right, claim or action against any user of the Website arising out of that user’s use of the Website, then You will pursue such right, claim or action independently of and without recourse to Us.
- Specific Warning: Use of Website
Whilst We have no reason to believe that any information contained on the Website is inaccurate, We do not warrant the accuracy, adequacy or completeness of such information, nor do We undertake to keep the Website updated. We do not accept responsibility for loss suffered as a result of reliance by You upon the accuracy or currency of information contained on the Website.
We do not give You any assurances that any information contained on the Website will be suitable for Your purposes or that it will be error-free. You agree that You will not rely on the any such information or its availability and that any reliance You make will be on Your own independent assessments with the aid of qualified independent advice.
Details contained on the Website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on the Website concerning those goods or services will satisfy the laws of any other country. It is Your responsibility to determine whether these details satisfy the laws of the jurisdiction where You reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, You may not order any goods or services from the Website.
You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to or alternation of Your transmissions or data or of information contained on Your computer system, mobile device or on the Website. We do not accept responsibility or liability of any nature for any such losses which You may sustain as a result of such activity.
You acknowledge and agree that We are not responsible for any other website You access by using links on the Website. In particular We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
- Intellectual Property
Copyright, trademarks and all other intellectual property rights in all material or content on the Website (including without limitation text, graphics, logos, icons, sound recordings and software) is owned or licensed by Us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth), You agree that You may not in any form or by any means:
- copy, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website;
- commercialise any information, Products or services obtained from any part of the Website,
without Our prior written permission.
You may however print a copy of any information contained on the Website for Your personal use.
When You create an account on Our Website, You agree to the following:
- that You are solely responsible for Your account as well as its security and privacy, including passwords or sensitive information attached to the account; and
- that all personal information You provide to Us through Your account is up to date, accurate and truthful and that You will update Your personal information if it changes.
We reserve the right to suspend or terminate Your account if You are using the Website illegally or if You violate these Terms and Conditions.
- Sale of Goods and Services
The goods and services We provide on the Website for purchase include:
- Numismatic related products
- Third party grading; and
- Appraisal service
We give no undertaking, representation, warranty or promise as to the availability of goods and/or services advertised on the Website.
You may order goods and/or services by selecting and submitting your order through our Website in accordance with these Terms and Conditions.
Any order placed through Our Website for goods and/or services is an offer by You to purchase the particular goods and/or services for the price notified (including the delivery and other charges and applicable taxes) at the time You place the order. No order shall be deemed to be accepted by Us until we issue an email acceptance of the order.
We may ask You to provide additional details or require You to confirm your details to enable Us to process any orders placed through our Website.
We reserve the right to modify, reject or cancel Your order for any reason and are not required to give reasons for refusing Your offer to purchase. If We cancel Your order and have already processed Your payment, We will give You a full refund equal to the amount You paid. If You have ordered products in excess, Your refund will be less any associated banking and service charges. You agree that it is Your responsibility to monitor Your payment instrument to verify receipt of any refund.
You may cancel an order by email or phone provided that the order has not been dispatched at the time of Your contact.
Delivery of the goods to You will be effected in the manner described on the Website.
Title in the goods does not pass to You until payment has been received by Us.
Risk of loss or damage to the goods passes to You upon dispatch.
- Third Party Goods and Services
Our Website may offer and promote goods and services from third parties. We cannot guarantee the quality or accuracy of those goods and services made available by third parties on Our Website and assume no responsibility or liability in this regard.
We will charge You:
- for the goods and/or services in accordance with the price structure on the Website at the time the order is made; and
- a delivery charge dependent on the address to which any goods are to be delivered, notified to You at the time You submit Your offer.
- prices quoted for the supply of goods and/or services and delivery include GST and any other taxes or duties imposed on in relation to the goods and any services;
- Our price structure on the Website will vary from time to time; and
- Payment charges for the goods and/or services, including any delivery charge must be made when You submit Your offer.
We accept the following payment methods on Our Website:
- Credit Card via Stripe;
- Direct Debit; and
- Cash on pick-up
When You provide Us with Your payment information, You authorise Our use of and access to the payment instrument You have chosen to use. By providing Us with Your payment information, You authorise Us to charge the amount due to this payment instrument.
If We believe Your payment has violated any law or these Terms and Conditions, We reserve the right to cancel or reverse Your transaction.
- Shipping and Delivery
When You purchase goods from Our site, the goods will be delivered through one of the following methods:
- Standard delivery by Australia post with signature on delivery;
- Express delivery by Australia post with signature on delivery; or
- Courier service upon request
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery does not include weekends and/or public holidays. Any period or date for delivery or collection of goods stated by Us is an estimate only and not a contractual commitment.
In some instances, You will be required to pay delivery charges in addition to the price for the goods You purchase. This is displayed in the product listing and is subject to change without notice.
If You purchase goods from Us for delivery to a destination outside Australia, Your purchase may be subject to import duties and taxes as applied by the destination country. You are responsible for paying any such duties or taxes. Please contact Your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by You to pay them.
When proceeding with an order, You are required to provide Us with a complete and accurate address, including the name of the recipient. We are not liable for the delivery of Your goods to the wrong address or wrong person as a result of You providing Us with inaccurate or incomplete information.
Insurance for domestic and international shipping with be available, for a fee as stated, as an option upon checkout.
Refund requests must be made within 30 days after Your receipt of goods.
We accept refund requests for goods sold on this Website for any of the following reasons:
- The good does not match the description; or
- You have changed Your mind after purchasing
Refunds do not apply to:
- Auctioned items or goods on sale;
- Third party grading services; or
- Valuation services
We provide a money-back guarantee for eligible goods and will gladly refund you the full purchase price, minus shipping, with no questions asked, so long as:
- You have contacted Us to return the good(s) within 30 days of the date of receipt;
- The good is in its original condition; and
- You have taken reasonable care with the product while possessing it.
Returns can be made in person at the following location:
- At Our retail shop, located on 113 Main Road Moonah, Tasmania 7009; or
Returns can also be mailed to Us:
- To PO Box 302, Moonah TAS 7009
By packing Your goods in its original packaging, attaching a return label, and posting at Your nearest post office. It is Your responsibility to pay the required postage fee. We may, upon Our discretion, provide You with a pre-paid return label.
The terms of our lay-by are:
- for orders over $500
- initial 20% non-refundable deposit
- 4 x equal fortnightly instalments
- plus administration fee of $20
These terms are subject to change at any time.
- Personal Information
Except as the Terms and Conditions specifically state, or as contained in any express warranty provided in relation to the goods and/or services and to the extent permitted by law, these Terms and Conditions do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, manufacture, design or performance of the goods and/or services and/or any contractual remedy for their failure.
If You are a consumer, nothing in the Conditions restricts, limits or modifies Your rights or remedies against Us for failure to comply with a statutory guarantee under the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) (ACL).
Other than as stated in the Terms and Conditions or in any written warranty statement, We are not liable to You in any way howsoever arising under or in connection with the sale, use of, storage or any other dealings with the goods or services by You or any third party.
We are not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability which cannot be excluded under the ACL.
You acknowledge that:
- prior to entering into the Terms and Conditions You have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of the Conditions and that prior to entering into the Conditions You have availed Yourself of that opportunity; and
- at no time prior to entering into the Conditions have You relied on Our skill or judgment and that it would be unreasonable for You to do so.
Nothing in the Terms and Conditions is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be so excluded, restricted or modified.
We do not accept responsibility for any loss, damage, however caused, which You may directly or indirectly suffer in connection with Your use of the Website or any linked website, nor do We accept any responsibility for any such loss arising out of Your use of or reliance on information contained on or accessed through the Website.
You agree to be fully responsible for (and fully indemnify Us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by Us and arising out of any breach of the Terms and Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your electronic devises or internet access account.
- Force Majeure
We are not liable in any way howsoever arising under the Terms and Conditions to the extent that We are prevented or hindered from acting by events beyond Our reasonable control including, without limitation, technical failures (such as failures of the internet, public telecommunications network or power failures), industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war.
- Disclaimer on Stolen, Encumbered or Counterfeit Property
We have a strict legal obligation to avoid buying stolen, defrauded or counterfeit products from Our customers. The knowing attempt to sell such property to Us constitutes an offence. In engaging Our service, You warrant that any item You wish to sell to Us is, to the best of Your knowledge, neither stolen, defrauded, encumbered, or counterfeited.
- No Warranty Value of Goods Over Time
There is no guarantee, express or implied, that any goods We sell will appreciate in value. The numismatics market is speculative by nature, meaning the value of a good You purchase may increase or decrease over time. Choosing to purchase with Us is confirmation of Your willingness to assume risk in this regard and We, our directors, officers, agents, employees and affiliates will not be liable for any loss You may incur.
These Terms and Conditions are governed by the laws of Tasmania, and the parties submit to the exclusive jurisdiction of the courts of Tasmania.
An obligation or liability on the part of two or more persons binds them jointly and each of them severally.
If any provision of the Terms and Conditions is or becomes legally ineffective, under common law or legislation, the ineffective provision may be severed from the Terms and Conditions which otherwise continues to be valid and operational.
In the event of a dispute arising out of or in connection with the Terms and Conditions, You agree to attempt to settle the dispute by engaging in good faith with Us in a process of mediation before commencing arbitration or litigation. To this effect, either party may refer the dispute to The Resolution Institute for mediation in Hobart, Tasmania by a single mediator in accordance with and subject to The Resolution Institute Mediation Rules.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes in the way We operate Our Website, along with the way We expect users of the Website to behave. We will notify users by email of any changes to these Terms and Conditions or post a notice on Our Website.
You may send Us any questions or concerns in relation to these Terms and Conditions:
a) by email, at firstname.lastname@example.org; and
b) by post, to PO Box 302, Moonah TAS 7009