I Like It Direct Pty Ltd (“I Like It Direct”) is a seller of quality goods. Its objective is to offer complete satisfaction with your order and our service. When you make an order with us, this Returns and Warranty Policy and the following Terms & Conditions (jointly described as the “Terms”) apply to your order and your relationship with us. These rights are in addition to any statutory rights which you may have.
The Terms may be varied by us from time to time. When you place an order with I Like It Direct, you are agreeing to the Terms then published on our website and in force as of the date of your order. Continued ordering indicates your agreement to the Terms as amended from time to time as published on our website.
We expect that you will be delighted with your purchase. However if you wish to return the goods you must return them in accordance with the Terms. In regard to returns, the requirements are as follows –
Warranty Repair Policy
If you are returning any goods for which you claim a right to repair or replacement they must be done so within the time of the Warranty Period. Before returning the goods under the terms of this Warranty Repair Policy please first contact I Like It Direct by telephone or email to give details of your intended return for repair or replacement. The goods must be delivered or sent to I Like It Direct in accordance with the return policy stated above with the addition of the following –
I Like It Direct warrants as follows, in addition to any warranties implied by law –
(a) During the period of 90 days from the date of sending of the goods by I Like It Direct (“the Warranty Period”), I Like It Direct will replace or repair any defective goods without charge so long as the damage does not arise from:
(i) improper adjustment, calibration or operation by you;
(ii) the use of accessories including consumables, hardware, or software which were not manufactured by or approved in writing by I Like It Direct;
(iii) any contamination or leakages caused or induced by you;
(iv) any modifications of the good which were not authorised in writing by I Like It Direct;
(v) any misuse of the good by you or anyone for whom you has legal responsibility (including a minor);
(vi) any use or operation of the good outside of the physical, electrical or environmental specifications of the goods;
(vii) inadequate or incorrect site preparation; and
(viii) inadequate or improper maintenance of the goods.
(c)You acknowledge that:
(i) prior to ordering of the goods you conducted a thorough examination (such as is possible) of the goods via the website; and
(ii) no warranty, condition, description or representation in relation to the goods is given by I Like It Direct, expressly or impliedly except as provided in the website or other published material of I Like It Direct or by these Terms;
(iii) all warranties, conditions, guarantees and terms in relation to the state, quality or fitness of the goods and of every other kind whether expressed or implied by use, statute or otherwise are excluded;
subject always to any statutory rights (including under the Australian Consumer Law).
(d)The law implies terms, conditions, warranties or guarantees (“Prescribed Terms") into contracts for the supply of goods and prohibits the exclusion, restriction or modification of certain terms, conditions, warranties or guarantees. Some Prescribed Terms permit a supplier to limit its liability for a breach of the prescribed terms. Except as provided by prescribed terms:
(i) the liability of I Like It Direct in respect of a breach of a Prescribed Term relating to the goods or any part of the goods is limited at the option of I Like It Direct to the replacement or repair of the goods part thereof or payment of the cost of repairing or replacing the goods or any part of the goods or return of the purchase price of the goods;
(ii) in these conditions you do not have, under any circumstances, any cause of action against or right to claim or recover from I Like It Direct for, or in respect of, any loss or damage of any kind whatsoever, caused directly or indirectly by:
(A) any defect in material or workmanship of, or any other defect whatsoever in, or unsuitability for, any purpose of the goods or any part of the goods; or
(B) any default or negligence on the part of I Like It Direct or of any employee, contractor or agent of I Like It Direct or of any person for whom has legal responsibility relating to the supply of, or otherwise concerning goods or any part of the goods.
(e) I Like It Direct is not liable to you in contract or in tort arising out of, or in connection with, or relating to:
(i) the performance of the goods or any breach of these Terms;
(ii) any fact, matter or thing relating to the goods; or
(iii) any error (whether negligent or in breach of contract or not) in information supplied to you or a user before or after the date of your use of the goods subject to any statutory obligations (including under the Australian Consumer Law).
(f) These terms and conditions supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the goods or any part of the goods including, but without limiting the generality of the foregoing, those relating to the performance of the goods or any part of the goods or the results that ought to be expected from using the good.
(g)The total liability of I Like It Direct for loss or damage of every kind:
(A) whether arising pursuant to these Terms; or
(B) out of or in relation to the goods, their sale, delivery or the way they behave, in tort or contract or in any other cause of action; or in any other way whatsoever,
is limited to the amount paid by you to I Like It Direct under these Terms at the date when such liability arises subject to any statutory rights of you (including under the Australian Consumer Law).
To the extent permitted by the Australian Consumer Law and relevant state legislation, the sole obligation of I Like It Direct under these Terms is to use its best endeavours to provide the goods or to repair the goods or repair or replace (at I Like It Direct's discretion) any part of a good which is found to be defective during the period of warranty and in no event shall I Like It Direct be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the goods, and any indirect, special or consequential damages or injury to any person, corporation or other entity.
If any goods supplied pursuant to these Terms are supplied to you customer as a 'consumer' of goods within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation the consumer will have the benefit of certain non-excludable rights and remedies in respect of the goods and nothing in these Terms excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. However, if the good is a good not ordinarily acquired for personal, domestic or household use or consumption, pursuant to s 64A of the Australian Consumer Law and similar provisions of relevant state legislation I Like It Direct limits its liability to payment of an amount equal to the lowest of:
(i) the cost of replacing the goods or supplying equivalent goods;
(ii) the cost of repair of the goods;
(iii) the cost of having the goods repaired or replaced.
I Like It Direct is not liable for default or failure in performance of its obligations pursuant to these Terms resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of I Like It Direct.
I Like It Direct is not responsible for any loss caused by an error or defect in the goods or errors or faults caused by any other good or part supplied by any person.
Terms & Conditions
(i) that party is relieved of that obligation under this agreement to the extent and for the period that it is unable to perform such obligation; and
(ii) that party will not be liable to the other party to this agreement for failure to perform such obligation to the extent and for the period of non-performance contemplated by this clause.
18.You can shop for goods on line or by post by making cheques payable to I Like It Direct Pty Ltd and sending it to us with details of the goods which you would like to purchaser or by telephoning I Like It Direct and ordering goods by paying with credit card.
19. Postage charges apply within Australia. International Orders will be charged postage.
20.You may pay by Paypal, Visa, Visa Debit or Mastercard.
21.No goods will be posted prior to payment in full.
22.I Like it Direct may in its absolute discretion refuse to provide goods.
23. You are not entitled to retain any money owing to I Like It Direct I Like It Direct notwithstanding any default or alleged default by I Like It Direct of these Terms, including (but not limited to) the supply of allegedly faulty or defective goods, provision of inadequate standard or a delay in the provision of goods. Nothing in this paragraph your rights for any alleged failure of a guarantee under the Australian Consumer Law.
24.You must pay I Like It Direct on demand interest at the rate of 10% per annum on all overdue amounts owed by you to I Like It Direct, calculated daily.
25.Title and risk
(a) Risk in Goods passes to you immediately upon delivery.
(b) Property in Goods supplied to you does not pass to you until all money (including money owing in respect of other transactions between I Like it Direct and yourself) due and payable to I Like It Direct by you have been fully paid.
(c) Where goods are supplied by I Like It Direct to you without payment in full of all moneys payable in respect of the goods provided by I Like It Direct in respect of those goods, you:
(i) is a bailee of the goods until property in them passes to you;
(ii) irrevocably appoints I Like It Direct its attorney to do all acts and things necessary to ensure the retention of title to goods including the registration of any security interest in favour of I Like It Direct with respect to the goods under applicable law;
(iii) must be able upon demand by I Like It Direct to separate and identify as belonging to I Like It Direct goods supplied by I Like It Direct from other goods which are held by you;
(iv) must not allow any person to have or acquire any security interest in the goods;
(v) agrees that I Like It Direct may repossess the goods if payment is not made within 14 days (or such longer time as I Like It Direct may, in its complete discretion, approve in writing) of the supply of the goods; and
(vi) you grant an irrevocable licence to I Like It Direct or its agent to enter your premises in order to recover possession of Goods pursuant to this paragraph. You indemnify I Like It Direct in respect of any damage to property or personal injury which occurs as a result of I Like It Direct entering your premises.
(d) Where goods are supplied by I Like It Direct to you without payment in full of all moneys payable in respect of the goods, you acknowledge that I Like It Direct has a right to register and perfect a personal property security interest.
(i) a PPS Law applies or commences to apply to these Terms of Trade or any transaction contemplated by them, or I Like It Direct determines (based on legal advice) that this is the case; and
(ii) in I Like It Direct's opinion, the PPS Law:
(A) does or will adversely affect I Like It Direct's security position or obligations; or
(B) enables or would enable I Like It Direct's security position to be improved without adversely affecting you,
I Like It Direct may give notice to you requiring you to do anything (including amending these Terms or execute any new Terms and Conditions) that in I Like It Direct's opinion is necessary, to the maximum possible extent, to overcome the circumstances contemplated in paragraph (ii)(A) or improve the security position as contemplated in paragraph (ii)(B). You must comply with the requirements of that notice within the time specified in the notice. If having completed everything reasonably practicable as required under this paragraph, in I Like It Direct's opinion I Like It Direct's security position or obligations under or in connection with these Terms of Trade have been or will be materially adversely affected, I Like It Direct may by further notice to you cancel these Terms of Trade, in which case you must pay to I Like It Direct any money owed to I Like It Direct by you immediately.
26. Exclusions and limitation of liability
(a) You expressly agree that use of the goods is at your risk. To the full extent allowed by law, I Like It Direct's liability for breach of any term implied into these Terms by any law is excluded.
(b) All information, specifications and samples provided by I Like It Direct in relation to the goods are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect your use of the goods will not entitle you to reject the goods upon delivery, or to make any claim in respect of them.
(c) I Like It Direct is in no circumstances liable or responsible in any way to you or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the goods including in their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:
(i) any goods supplied to you;
(ii) any delay in supply of the foods; or
(iii) any failure to supply the goods.
(d) Any advice, recommendation, information, assistance or service given by I Like It Direct in relation to goods is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty or accuracy, appropriateness or reliability. I Like It Direct does not accept any liability or responsibility for any Loss suffered as a result of yours reliance on such advice, recommendation, information, assistance or service.
(e) To the fullest extent permissible at law, I Like It Direct is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide goods, or otherwise arising out of the provision of Goods, whether based on these Terms, negligence, strict liability or otherwise, even if I Like It Direct has been advised of the possibility of damages.
(f) You acknowledge that the goods are not for personal, domestic or household purposes.
(g) The Australian Consumer Law may give to you certain guarantees. Where liability for breach of any such guarantee can be limited, I Like It Direct's liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods, to the replacement or repair of the goods or the costs of resupply or replacement of the goods.
27 (a) You indemnify and keep indemnify I Like It Direct, its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, you) against I Like It Direct or, for which I Like It Direct is liable, in connection with any Loss arising from or incidental to the provision of goods, any order or the subject matter of these Terms including, but not limited to any legal costs incurred by I Like It Direct in relation to meeting any claim or demand or any party/party legal casts for which I Like It Direct is liable in connection with any such claim or demand. This provision remains in force after the termination of these Terms.
(b) If circumstances beyond I Like It Direct's control prevent or hinder its provision of the goods, I Like It Direct is free from any obligation to provide the goods while those circumstances continue. I Like It Direct may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
(c) Circumstances beyond I Like It Direct's control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
28. If a dispute arises between you and I Like It Direct, the following procedure applies:
(i) A party may give another party a notice of the dispute and the dispute must be dealt with in accordance with the procedure set out in this paragraph.
(ii) A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute unless the dispute has been referred for resolution in accordance with this paragraph.
(iii) A party must not oppose any application for a stay of any legal proceedings that may be issued in respect of a dispute pending the completion or termination of the procedure set out in this paragraph.
(iv) If a dispute is notified, the dispute must immediately be referred to the parties' respective senior management. Those representatives must endeavour to resolve the dispute as soon as possible and in any event within 5 Business Days (or other period as agreed).
(v) Unless otherwise agreed by the parties, any dispute that cannot be settled by negotiation between the parties or their representatives the parties expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation. The mediation must be conducted in accordance with the ACDC Guidelines for Commercial Mediation which are operating at the time the matter is referred to ACDC. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the Guidelines are incorporated into these Terms of Trade. This paragraph survives termination of these Terms of Trade.
(vi) Notwithstanding the existence of a dispute (including the referral of the dispute to mediation), each party must continue to perform its obligations under these Terms of Trade.
(vii) The parties must hold confidential, unless otherwise required by law or at the direction of a court of competent jurisdiction, all information relating to the subject matter of the dispute that is disclosed during or for the purposes of dispute resolution. The parties acknowledge that the purpose of any exchange of information or documents or the making of any offer of settlement pursuant to this procedure is to attempt to settle the dispute between the parties. No party may use any information or documents obtained through the dispute resolution process for any purpose other than an attempt to settle the dispute between the parties.
(a) These Terms and any Quotes and written variations agreed to in writing by I Like It Direct represent the whole agreement between the parties relating to the subject matter of these terms.
(b) These Terms supersede all oral and written negotiations and communications by and on behalf of either of the parties.
(c) In entering into these Terms, you have not relied on any warranty, representation or statement, whether oral or written, made by I Like It Direct or any of its employees or agents relating to or in connection with the subject matter of these Terms of Trade.
(d) If any provision of these Terms of Trade at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
(e) A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.
(f) A notice or other communication required or permitted to be given by one party to another must be in writing to the address shown on a Quote (or as varied pursuant to this paragraph) and delivered personally, sent by pre-paid mail to the address of the addressee specified in the relevant Quote; sent by facsimile transmission to the facsimile number of the addressee specified in the relevant Quote, with acknowledgment of receipt from the facsimile machine of the addressee or sent by e-mail to the e-mail address of the addressee specified in the relevant Quote with acknowledgement of delivery.
(g) A notice or other communication is taken to have been given (unless otherwise proved) if mailed, on the second Business Day after posting; or if sent by facsimile or e-mail before 4 pm one Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt.
(i) A party may only change its postal or email address or fax number for service by giving notice of that change in writing to the other party.