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TERMS & CONDITIONS

GENERAL WEBSITE TERMS OF USE

1. Introduction

By accessing or using our Services, you agree to be legally bound by these Terms, including offering to purchase goods via our Services ( Products).  By agreeing to these Terms, you are entering into a legally binding agreement with Charles Parsons Group (referred to as Charles Parsons Group,we or us), and you agree to comply with any and all applicable laws and regulations, whether domestic or international.

You warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.

All Charles Parsons Group terms and policies, including our Privacy Policy are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services. 

2. Permissions

You agree to allow Charles Parsons Group to send you emails regarding the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy.

You agree that you are responsible for your access to the Services and for ensuring that any persons that may access the Services through your internet connection are aware of and compliant with, these Terms.

You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in New Zealand, in your State/Country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful, discriminatory or harmful to others, or for any activity that does, or may, violate the rights of others.

When you provide your details to us, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact number that you provide to us.  You consent in advance to be contacted during our usual business hours (including in relation to customer service matters, order confirmation/assistance, product offers and/or other promotional purposes) and to receiving marketing and promotional materials via electronic communication to the contact details provided in accordance with our Privacy Policy.

You may be required to register an account with Charles Parsons Group.  You agree that you are liable for any use of a Charles Parsons Group account and that such use of your account is authorised by you.  You must ensure to keep your username and password secure and notify us immediately if you notice any suspicious activity on your account.

3. Products

3.1 Product images

Whilst we have made every attempt to show textures, appearances and colours of our products as accurately as possible on our website, product images may vary from the delivered product depending on your monitor, settings and computer equipment.

Colours depicted should be used as a guide only - we have made every effort to display the colour of our products as accurately as possible.  Due to our policy of continual product development, the specifications, colours and features may vary.

Unless otherwise stated, any additional products and accessories styled or shown in a product image are for display purposes only and are not included in the listed price.  You must ensure that you carefully read the product title and description before purchasing anything from our Website.

3.2 Product availability

All orders are made subject to availability. Whilst we use our best efforts to ensure that products are available for delivery, there may be some circumstances where products are unavailable.

Where we cannot fulfil your order, or part of your order, we will notify you within a reasonable time after you complete your order.  Please note that we may need to reject all or part of your order on this basis. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable product.  Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order and you may agree to proceed with your order on the basis of a delayed delivery date, cancel your order or select an alternative product. If you do not vary or cancel your order within 1 business day of notification you are deemed to have accepted the delay.

In respect of any products, we reserve the right to limit the sale of products to reasonable or normal household quantities unless you are an approved wholesale customer.

3.3 Product recalls and bans

If a Product is subject to a recall or ban, you agree to follow any reasonable instructions provided by us regarding return or destruction of such product and you consent to us contacting you and you agree to inform any end-user of a product purchased from Charles Parsons Group, including any gift recipient, of any recall applicable to such Product.

4. Intellectual Property

All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services and Website are owned by, or licensed to Charles Parsons Group, and are protected by copyright, patent and trademark laws, and various other intellectual property rights. 

You may access and use the information provided by Charles Parsons Group on this Website, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. If you wish to use any of the information provided by the Charles Parsons Group for any commercial purpose you must obtain our prior written consent.  No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Charles Parsons Group.

Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Charles Parsons Group’s intellectual property rights, whether by estoppel, implication or otherwise. Charles Parsons Group reserves all rights not expressly granted in the Services.

5. Unauthorised access and malicious materials

You agree and acknowledge that your login may allow for multiple users and that you are responsible for setting up permissions and access restrictions on your profile for such users.  You agree that we will not be liable for any loss, damage or injury incurred by you in connection with any unauthorised access to your account or the information contained within your profile including any unauthorised orders placed using your login credentials.

You must not attempt to, or actually gain, unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.  You agree that you will not cause harm to our Website or Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Website, Services or other users of our Services.

To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Website as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.

6. Third Parties

Our Services may, from time to time, contain links to and from Websites which are owned or operated by other parties.  Links on the Website to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms.  We do not accept any liability for any information on, or the privacy practices of, any third party websites.

7. Limitation of Liability 

To the maximum extent permitted by law, Charles Parsons Group, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:

  • any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
  • any, use of the information on or access to Services including if for any reason our Website is unavailable at any time or for any period;
  • any errors in, or omissions from, the information contained on the Website;
  • any Products supplied by Charles Parsons Group; or
  • these Terms or any breach of these Terms.

You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.

Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, Charles Parsons Group’s liability shall be limited to the extent such limitation is permitted by law in the relevant country, state or jurisdiction.

We will honour our obligations under the Consumer Law.

We recognise that in some countries, you might have legal rights as a consumer. If you are using the Products for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

This clause survives termination of these Terms.

8. Disclaimer of Warranty 

Charles Parsons Group provides the Website and its contents on an “as is” basis and use of this information is at your own risk.  While we aim to update our Website regularly, neither Charles Parsons Group, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.

We reserve the right to restrict access to parts of the Website or the entire Website, change or withdraw any Products, information or content featured on this Website or provided through our Services without notice.  You acknowledge and agree that we retain complete editorial control over our Website and may alter, amend or cease the operation of the Website at any time in our sole discretion.

9. Release and Indemnity 

You agree to release and indemnify and hold Charles Parsons Group and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of Products from Charles Parsons Group, your use or access of the Website and Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party, including, but not limited to, losses we incur due to:

  • any cancellation of an order by you or any return of any Products (except where required by Consumer Law);
  • any breach of these Terms by you;
  • any default or delay of payment by you;
  • any action we take against you;
  • any legal costs incurred by us due to your fault; or
  • any claim that we have infringed any Intellectual Property in connection with any made-to-order Products.

 You must pay to us, on demand, for any such claims, demands, proceedings, losses and damages.

This clause survives termination of these Terms.

10. Amendments and correction of errors

Charles Parsons Group reserves the right to amend these Terms from time to time as it sees fit.  Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to orders placed prior to the publication of any varied terms.   

Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on our Website, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.

Charles Parsons Group reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and products, at any time without notice to you.

11. General

Waiver: Any failure or delay by Charles Parsons Group in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Charles Parsons Group from exercising that power or right or any other power or right.  We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.  This clause survives termination of these Terms.

Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation.  You agree that Charles Parsons Group will not be held liable for any delay or failure in performance of any part of the Services or delivery of Products.

Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms.  Such invalidity does not affect the validity of the remaining provisions of these Terms.  This clause survives termination of these Terms.

Termination: Charles Parsons Group may terminate these Terms and the Services, in its absolute discretion, at any time and without notice to you.

Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Charles Parsons Group and you or any other party unless expressly stated otherwise.

Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings.  This clause survives termination of these Terms.

Jurisdiction: These Terms are governed by the laws of New Zealand.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand and its appellate courts.  Although the Services may be accessed throughout New Zealand and overseas, we make no representations or warranties that its content complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access this website from outside New Zealand, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. 

Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in New Zealand, then your local jurisdiction and venue will apply to such disputes related to these terms.

This clause survives termination of these Terms.

Interpretation: In these Terms, headings do not affect interpretation; the singular includes the plural and vice versa; person includes a firm or body corporate, an incorporated body, association or authority; a reference to a person includes its executors, administrators, successors and permitted assigns; and where two or more persons are a party, they are bound jointly and severally.

Reading Down: If part or all of any clause of these Terms is illegal, invalid or unenforceable:

  • it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, including but not limited to; but if that is not possible
  • it will be severed from these Terms and the remaining provisions of these Terms will continue to have full force and effect, and the parties will attempt to replace that severed part with a legally acceptable alternative clause that meets the parties’ original intention in relation to the subject matter severed.

12. Definitions

In these Terms, capitalised terms have the following meanings unless the context requires otherwise:

Consumer Law means the Consumer Guarantees Act 1993 or similar consumer legislation.

Charles Parsons Group means  Charles Parsons (NZ) Limited (NZBN 9429032144031) including its successors, assignees, subsidiaries, associates and related bodies corporate (defined in the Companies Act 1993);

Manufacturer's Guarantee means a guarantee against defects as defined under the Consumer Law;

Services means Products and services provided by Charles Parsons Group, including access and use of its Website, pages owned or operated by Charles Parsons Group on social media websites and other platforms; orders and invoices for Products and services, and Products and services offered or supplied by Charles Parsons Group, including but not limited to creating an account with Charles Parsons Group, through which purchases are made, purchasing Products or services through a Website and use of a contact form located on a Website.

Terms means these Website Terms and Conditions, including the Privacy Policy and all other Charles Parsons Group terms and conditions or policies.

Website means a Website owned or operated by Charles Parsons Group from time to time, including but not limited to:

PURCHASE TERMS AND CONDITIONS

These Purchase Terms and Conditions ( Purchase Terms) are incorporated by reference into the General Website Terms of Use and form a legally binding agreement.

Any capitalised terms in these Purchase Terms which are defined in the General Website Terms of Use have the same meaning as in the General Website Terms of Use, unless otherwise stated.

Different terms may apply to you, depending on whether you are purchasing from Charles Parsons Group as a Wholesale Account Customer, Wholesale Customer or a Retail Customer.  Please ensure to carefully read these Purchase Terms to ensure that you are aware of the terms and conditions that apply to you.

A. Wholesale Account Customer

You are a Wholesale Account Customer if you have a credit account with Charles Parsons Group.

If you are a Wholesale Account Customer, the Wholesale Account Terms apply in addition to the General Website Terms, except as between Charles Parsons Group and you.  Charles Parsons Group shall replace "Rapee Pty Limited" (and related terms, such as www.rapee.co.nz, will be replaced with the relevant equivalent) in the Wholesale Account Terms as party to the Wholesale Account Terms. 

B. Wholesale Cash Customer

You are a Wholesale Cash Customer if you have a wholesale account with Charles Parsons Group but do not have a credit account with Charles Parsons Group.

If you are a Wholesale Cash Customer, the Wholesale Account Terms apply in addition to the General Website Terms, except as between Charles Parsons Group and you.  Charles Parsons Group shall replace "Rapee Pty Limited" (and related terms, such as www.rapee.co.nz, will be replaced with the relevant equivalent) in the Wholesale Cash Terms as party to the Wholesale Account Terms and except as set out below.

For the avoidance of doubt and despite Clause 1 of the Wholesale Account Terms, the terms set out in these Purchase Terms prevail over any inconsistencies between the Wholesale Account Terms and these Purchase Terms.

1. General

The Wholesale Account Terms is a legally binding agreement between Charles Parsons Group and you.  If you are a Wholesale Cash Customer, the following changes will be made to our standard Wholesale Account Terms.

2. Clause 2 of the Wholesale Account Terms is replaced with the following:

2, Pricing will be displayed in the Services and are inclusive of GST, unless otherwise specified.  Displayed pricing may not include delivery charges (if applicable) and such fees are either estimated at check-out or provided in an Invoice issued to you after placing your order.

Prices of products, as well as delivery and any other charges displayed on our Website are current at the time of issue but may change at any time and are subject to availability.

Full payment in cleared funds, without any set-off, counterclaim or any withholding, is due at the time of check-out of your order, by the payments methods approved by Charles Parsons Group (subject to amendment from time to time in Charles Parsons Group's sole discretion). 

You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the Services.  Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.

3. Clause 6, 7, 14, 17 and 18 of the Wholesale Account Terms are deleted.

C. Retail Customer

4. Orders, rights, cancellation and pre-orders

4.1 Orders

You are a retail Customer if you are not a Wholesale Account Customer or a Wholesale Cash Customer in which case these additional provisions will apply to you.  An order for Products is accepted upon the later of the following to occur:

  • you have submitted your order;
  • you have paid the purchase price in full, including any taxes, duties and shipping costs; and
  • we have issued an order confirmation.

4.2 Rights in relation to an order

Charles Parsons Group reserves the right to:

  • accept or reject your order or a part of your order for any reason, including, without limitation, the unavailability of any product, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department, or an error in your order;
  • request identification from you, including photo ID or any other such documentation for verification purposes before we process your order;
  • cancel an order at any time, for any reason; or
  • restrict the quantity or total value of products available for purchase to each person or address.

Where we exercise the rights above, we will notify you by email and suggest an alternative product, remove an item from an order or provide a refund of the purchase price where applicable and Charles Parsons Group shall not be liable for any loss or damage whatsoever arising from such exercise of rights.

4.3 Amendments and cancellations

You may write to Charles Parsons Group to obtain permission to amend an order. However, Charles Parsons Group reserves the right to reject an amendment request for any reason. If you require additional assistance, please email or telephone us, and discuss the matter with our customer service team who will then receive permission to change the order.  If an order has already been despatched, then postage/freight costs will apply.

Please note that you cannot cancel or amend an order once it has been placed (except as required by Consumer Law).

If you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Charles Parsons Group as a direct result of the cancellation (including, but not limited to, any loss of profits).

4.4 Pre-orders

Where you have placed a pre-order for Charles Parsons Group products, you acknowledge and agree that you will be charged the full purchase price of the products at the time of placing the order or as specified in an invoice issued by Charles Parsons Group to you ( Invoice).  If an order is cancelled or unable to be fulfilled, then to the maximum extent permitted by law, your sole remedy will be a refund of the price paid to Charles Parsons Group.  You agree that you cannot cancel a pre-order once it has been accepted by Charles Parsons Group.

Charles Parsons Group may specify an approximate estimate for delivery of a pre-order.  If a pre-order is not ready to be shipped within a reasonable time after such estimate, you may request cancellation of the pre-order or part of the pre-order in writing to Charles Parsons Group and Charles Parsons Group may, in accordance with Consumer Law, accept or reject such cancellation.

5. Prices and payment

We reserve the right to vary, amend, add or remove payment methods, prices or Products offered in the Services from time to time in our sole discretion as we see fit, without notice. Such changes will not affect orders submitted before the change was made. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means.  If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.

5.1 Prices

Unless specified otherwise, prices displayed on our Australian Websites are shown in Australian dollars (AUD) and prices displayed on our New Zealand Websites are shown in New Zealand dollars (NZD) and are inclusive of GST.  You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this Website.

Displayed pricing will include delivery charges (if applicable) and such fees are provided at check-out.

Prices of products, as well as delivery and any other charges displayed on our Website are current at the time of issue but may change at any time and are subject to availability.

6. Delivery and shipping

6.1 General delivery

Delivery of Products purchased from Charles Parsons Group ( Delivery) is taken to occur at the time that:

  • you, or your nominated carrier takes possession of the products at the relevant Charles Parsons Group address;
  • Charles Parsons Group (or Charles Parsons Group’s nominated carrier) obtains a receipt or delivery docket signed by a person at the nominated address; or
  • Charles Parsons Group (or Charles Parsons Group’s nominated carrier) delivers the products to your nominated address, even if you are not present at the address.

Any delivery date or time specified by us is a guideline or estimate only and Charles Parsons Group will not be held liable for any loss or damage suffered as a result of any delay in delivery. You agree that you will still accept delivery of the products even if they are delivered on a different date and time. However, if a Product is not delivered within a reasonable time after the estimated date, please contact us.

All orders will be delivered within usual business hours and cannot be delivered to a P.O. box address.

Please ensure your delivery address is accurate, as we do not accept any liability for non-delivery or delayed parcels due to incorrect details and you may incur a re-delivery fee.

6.2 Delivery within Australia

Except for pre-orders, we aim to deliver orders within Australia between 3 to 10 business days from receipt of order, subject to stock availability.

Depending on your delivery address, we use either Australia Post, Toll Ipec, Couriers Please, Star Track, Sampson Express or an alternative carrier(s). Please note that all of these carriers require you to sign for your delivery.

6.3 Delivery within New Zealand

Except for pre-orders, we aim to deliver orders within New Zealand within 2-3 weeks from receipt of order, subject to stock availability.

All orders are delivered ex Australia via Fliway. Please note you will be required to sign for your delivery.

6.4 Other international deliveries

Currently we do not ship to addresses outside of Australia and New Zealand.

7. Risk and title

If you or your freight company are collecting the products from us, risk of damage to or loss of the Products passes on to you and you must adequately insure the Products on or before the Products are collected from our warehouse and you must provide us with evidence of such insurance before we release the Products.  If we are arranging delivery of the Products, then risk of and title to the Products passes to you upon Delivery.

8. Promotions and discounts

Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons ( Promotional Offers), cannot be used in conjunction with any other offer.

Charles Parsons Group reserves the right to:

  • terminate, modify or extend any Promotional Offer at any time, without notice; or
  • cancel any order to which a Promotional Offer has been applied in error or contrary to the terms and conditions of such Promotional Offer.

9. Returns and refunds

9.1 Returns

All sales are final on our Products, except where:

  • a Product is faulty;
  • if a Product does not do what it is supposed to do;
  • if incorrect Products were dispatched from us; or
  • if otherwise required under Consumer Law.

We do not offer refunds or exchanges if you change your mind or if you purchase the wrong model/size (except as required under Consumer Law).

Please contact Charles Parsons Group if you have a return enquiry, with details of your return and proof of purchase.  If a return is required, Charles Parsons Group will issue a Return Authorisation Number and shipping instructions ( Return Authorisation).  Please ensure that you have received a Return Authorisation as Charles Parsons Group will not be responsible for any lost and/or unauthorised returns.

If the Consumer Law does not apply, we will rectify our failure to deliver the Products in the quantity or description of your order, if:

  • you notify us of the failure within 14 days of the delivery giving us the details we request;
  • you have not cut or used the Products; and
  • the Products are in a new condition and in original packaging.

You must pay the initial cost of return shipping in accordance with Charles Parsons Group’s shipping instructions.  Once Charles Parsons Group determines that the product is faulty or that a return is required under the Consumer Law, we will reimburse you for such return shipping costs.

Please ensure that you adhere to our Shipping Policy regarding returns as you are responsible for the returned products until we receive them, and we will not accept any liability for any products that are lost

9.2  Consumer Law

Our Products come with guarantees that cannot be excluded under the Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

We will honour our obligations under Consumer Law.

We recognise that in some countries, you might have legal rights as a consumer. If you are using our Products for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

9.3 Manufacturer’s Guarantee

Some Products may come with a Manufacturer’s Guarantee, which operates in addition to your rights under Consumer Law.  Please check the advertised Manufacturer’s guarantee period for each specific product.  The Manufacturer’s Guarnatee period commences at the time of purchase as specified on your receipt for purchase.  Spare parts are sold  without a Manufacturer’s Guarantee unless advertised otherwise.  All freight costs associated with return of product for assessment under a Manufacturer’s Guarantee is payable by the consumer until such time as we deem the item to be faulty.

10. Termination

Without prejudice to any other remedies, Charles Parsons Group may:

  • cancel all or any part of any order or suspend or terminate the supply of products to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms; or
  • terminate these Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at our election.

If we cancel an order and you are not in breach of these Terms we will issue you with a full refund of the purchase price of any Products paid for but not supplied.  To the maximum extent permitted by law, Charles Parsons Group will not be liable to you for any further loss or damage you suffer because Charles Parsons Group has exercised its rights under this clause or these Terms.

10.1 Limitation of liability

To the maximum extent permitted by law, Charles Parsons Group’s liability under these Terms shall be limited to any one or more of the following:

  • the replacement of the Products or re-supply of equivalent Products;
  • the repair of such Products;
  • the payment of the cost of replacing the Products or of acquiring equivalent Products or a refund of the purchase price; or
  • the payment of the cost of having the Products

To the extent permitted by law, Charles Parsons Group expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Consumer Law.  Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Consumer Law which cannot be excluded, restricted or modified.

Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, our liability shall be limited to the extent such limitation is permitted by law in the relevant country, state or jurisdiction.

This clause survives termination of these Terms.

11. Reading Down

If part or all of any clause of the Purchase Terms is illegal, invalid or unenforceable:

  • it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, including but not limited to; but if that is not possible
  • it will be severed from the Purchase Terms and the remaining provisions of the Purchase Terms will continue to have full force and effect, and the parties will attempt to replace that severed part with a legally acceptable alternative clause that meets the parties’ original intention in relation to the subject matter severed.

Website and Shopping T&Cs for Charles Parsons Group (Australia) | Last updated: 15 April 2019