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Terms and Conditions

TERMS & CONDITIONS

Your use of the website constitutes your agreement to follow and be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions, please do not use the website.

  1. DEFINITIONS

1.1 In these Terms and Conditions the following terms shall have the meanings set out below:

  • ACL means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010(Cth).
  • Amount Payable means at any time all amounts payable to ec-living, whether or not those amounts have become due for payment under these Terms and Conditions, in connection with the Goods or the Contract, including without limitation any invoiced amounts, interest, fees, costs or expense.
  • Contract means the Terms and four a Purchase Order, the relevant Purchase Order Acknowledgement.
  • Customer means the customer specified in the Order, the person placing the Order or on whose behalf the Order is placed with ec-living.
  • Ec-living means, ec-living – Essential Collections – Leanne Iverach – ABN 34676146349, any related body corporates(within the meaning of section 50 of the Corporation Act 2001(Cth)) as specified in the Order.
  • Goods means any goods, products, services or materials supplied or to be supplied by ec-living at any time and from time to time, including without limitation any goods specified in a Order, Order Acknowledgement or invoice.
  • GST means any goods and services tax imposed on the Supply pursuant to the GST Law.
  • GST Law means A New Tax System(Goods and Services Tax) ACT 1999(Cth).
  • PPSA means the Personal Property Securities Act 2009(Cth).
  • Order means an order or offer to purchase Goods.
  • Order Acknowledgement is defined under clause 2.1(a).
  • Terms and Conditions means the terms and conditions set out in this documents, as modified or amended in relation to particular Purchase Order.
  1. BINDING TERMS AND CONDITIONS

2.1 Order, Order Acknowledgement and Terms and Conditions

  • An Order or an offer to purchase can be made by the Customer from to time, however the Order shall be deemed accepted when the Customer receives an acknowledgement of the Order form ec-living or delivery of the relevant Goods, whichever first occurs.
  • The Terms and Conditions apply to every Order, unless otherwise agreed in writing by ec-living.
  • The Customer acknowledges that the Terms and Conditions constitute a security agreement and that ec-living may register a financing statement in respect of the security interests provided for under these Terms and Conditions.
  • By submitting an Order, the Customer hereby agrees and acknowledges that it accepts and ratifies the Terms and Condition Apply and are being binding on the Customer.

2.2 Contract

  • The Contract shall comprise of the following documents, in order of precedence:
    • Order and Order Acknowledgements;
    • These Terms and Conditions;
    • Any other document which is attached to, or incorporated by reference in, the Order or these Terms and Conditions.
  • The Contract constitutes the entire agreement between EC-Living and the Customer with respect to the Order any and all prior negotiations, proposals, previous dealings, correspondence, trade custom and/or trade usage are superseded by and will not affect the interpretation of the Contract.
  • If at any time in relation to an Order, the Customer Provides, refers to, submits or otherwise uses terms and conditions other than the Terms and Conditions, such terms and conditions will not form part of or be incorporated into the Contract.