GrowthGraph.com Terms and Conditions
When you use our website to place an order with us, these Terms and Conditions will constitute a legally binding agreement between you and us. It is your responsibility to carefully read these Terms and Condition before using this website. Your use of the growthgraph.com website is contingent upon your acceptance of our Privacy Policy and the following Terms. Use of the moo.com website will be considered acceptance of these policies. If you do not agree to the Terms and Conditions contained in the following pages, then you may not use the growthgraph.com website. Please note that growthgraph.com has the right to modify these Terms and Conditions and, thus, you should review them periodically.
Please read the following sections carefully, as they contain the Terms and Conditions of Business that will govern your use of the growthgraph.com website. Additionally, you should review our Website Privacy Policy.
If you have any enquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of our featured products and services or if you have experienced technical problems while using this site, please send an email to here.
1. Definitions
"Seller" means GrowthGraph, registered in Australia, (in these Terms and Conditions also means ("growthgraph.com") whose registered office is at 50 Queensland Rd, Brisbane, QLD.
"Buyer" means the person whose name is printed on the Order.
"Contract" means the order and Order Confirmation (incorporating any Special Conditions)
"Faulty" means containing a fault or defect; imperfect or defective.
"Goods" means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business.
"Order" means the Buyer's order for Goods or services.
"Order Confirmation" means the Seller's written Confirmation pursuant to Condition 3(b).
"Price" means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable.
"Person" means any person, firm or company.
"Special Conditions" any conditions in relation to orders set out and designated as such in the Order Confirmation.
"Terms and Conditions of Business" means the standard terms and conditions of business set out in this document.
"Writing" includes email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
2. Basis of Sale.
a. These Terms and Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
b. Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorised representatives of the Seller and the Buyer.
c. The Seller's employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
3. Orders and Specifications
a. All Goods are offered for sale subject to availability and subject to the Seller's acceptance of the Order.
b. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
c. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Goods supplied may therefore differ as a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system of CMYK.
d. The Seller endeavours to display and describe as accurately as possible the printed colours of the Goods which appear on its website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer?s monitor.
4. Price, Payment and Currencies
a. All Prices stated include UK VAT at 17.5% if applicable. The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent.
b. Payment must be made by credit card or debit card at the time of placing an Order, or via mail order cheque. When Payment in full has been taken the Contract will be in force.
c. The Seller is multi-currency enabled, which means the Buyer can select the currency of his/her choice for viewing product prices and shopping cart summaries.
d. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller's credit card, debit card or PayPal details before accepting the Buyer's Order.
5. Delivery
a. The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage.
b. The Seller will endeavour to process the Order and manufacture the Goods within the time period stated for each item. However manufacturing time varies by item of Goods and it is the policy of the Seller to combine items of the same type into separate shipping packages. Each package of like items will be sent separately by regular post, unless otherwise stated in the Order Confirmation as soon as it is completed. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
c. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an instalment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
d. The Seller reserves the right to make delivery of the Goods by instalments. If the Goods are to be delivered in instalments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the instalments or if the Buyer has a claim in respect of any one or more of the instalments.
e. If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price