1 Access and Use of the Site
1.1 By visiting our site, you accept and agree to be bound by the terms and conditions which form the contract between the parties.
1.2 Throughout the terms and conditions, “we”, “us” and “our” refer to our company and business You Only Live Once Pty Ltd ACN 632 262 830 and Export Import You Only Live Once Pty Ltd ACN 642 243 641
2 Payment Under the Contract
2.1 A valid contract is formed when you pay us our initial payment (“Order Fee”)
2.2 Once we receive the Order Fee, we will begin coordinating the delivery of your Watch (“Watch”)
2.3 Full payment of the purchase price of the Watch must be made prior to delivery.
2.4 If you cancel your order during the waiting period or fail to make full payment, you will forfeit your Order Fee. You acknowledge that this amount represents a fair pre-estimate of our costs in our procuring your Watch for you, which may include storage, remarketing costs, redelivery, and reselling.
3 Delivery & Pickup
3.1 Delivery, which includes your picking up the watch from one of our authorised business locations will only be made once we receive full payment of the purchase price.
3.2 While we aim to deliver your Watch within the timeframe indicated by us, you acknowledge that we do not guarantee firm delivery times as it would be impracticable to do so.
3.3 We will let you know if we expect to be unable to meet our estimated delivery, but, to the extent permitted by law, we will not be liable to you for any losses or costs you incur out of late or delayed delivery.
3.4 You will be the beneficiary of any claims for damage to your Watch or losses occurring while your Watch is in the possession of a common carrier.
3.5 We will notify you when your watch is ready for delivery or pickup. If you are unable to take delivery within one week, the watch may be made available for sale to other customers and you will forfeit the Order Fee.
4 Termination
4.1 Where we terminate this contract due to a breach by you, including where you fail to pay the balance of the purchase price, you will forfeit all of the Order Fee.
5 Change of Mind Returns
5.1 We will not refund the Order Fee if you request a return after changing your mind.
5.2 We will not refund the purchase price if you have changed your mind after making payment in full and are waiting for final delivery of your product.
6 Faulty Watch Returns
6.1 If your Watch is confirmed to have a major defect, as we are not the manufacturer, and therefore any claims for warranties must be made to the manufacturer direct.
6.2 A defect will not include the Watch being of unacceptable quality following the sale to you due to fair wear and tear, misuse, or failure to take reasonable care, based on our reasonable opinion.
7 Store Credit
7.1 At our discretion, we may provide store credit to you which must be used within 3 months. Store credit not used within this time will be voided.
7.2 The store credit amount may be, in our discretion, the amount which you have paid towards the Order Fee.
7.3 Store credit does not accrue interest, nor can it be redeemed or refunded for cash at any time. Additionally, if you accept store credit for a cancellation or return and buy another item, you can only accept store credit for the subsequent cancellation or return of that item - you will not be able to refund or return that item for cash.
8 Limitation of Liability
8.1 To the maximum extent permitted by law, we are not liable for any incidental, special or consequential damages arising out of this Agreement.
8.2 This contract is governed by the laws of the Commonwealth of Australia.