Terms and Conditions

This Web Site and its contents (“Web Site”) is owned and operated by Southtrade International Pty Ltd (ABN 46 099 947 163) of Level 4, 15 Blue Street, North Sydney, NSW 2060 (“Southtrade International”).

By accessing or using the Web Site, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in these Terms and Conditions, the Returns, Refunds and Cancellation Policy, the Privacy Policy and elsewhere on the Web Site (known collectively as “Terms and Conditions”).

The Terms and Conditions govern both the use of this Web Site and the goods and/or services that you purchase from Southtrade International.

Southtrade International reserves the right to amend these Terms and Conditions at any time without notice. You are therefore encouraged to check this document regularly.

This Web Site is subject to copyright under Australian law and, under international treaties, the laws of many other countries. Unless otherwise indicated, the copyright is owned by Southtrade International or its related companies which reserve all rights.

You must not reproduce, transfer, adapt, distribute or store part or all of the contents of the Web Site (including html code, CGI interfaces, product photographs and screen designs), or incorporate any part of the Web Site into another web site, without the prior written consent of Southtrade International, except in accordance with the following permission.

You may store on your computer or print copies of material from the Web Site for your personal use only. You will ensure that all copies of material from the Web Site retain any copyright or other intellectual property notices contained in the original material. You are not permitted to modify any material from how it appears on the Web Site.

Your access to, or use of this Web Site does not constitute or create a licence or any other right to use Southtrade International’s name, trade marks, copyrights or any other intellectual property.

The contents of this Web Site (including all information contained on this Web Site) are provided on an “as is” basis. To the fullest extent permitted by law, neither Southtrade International nor its directors or employees give or make any representation or warranty (either express or implied) as to the operation of the Web Site, your access to the Web Site or results of your access, the completeness, accuracy or reliability of the contents of this Web Site, or that the functions on the Web Site will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components, nor do they accept any responsibility arising in any way (including from negligence) for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any errors in, or omissions from, the contents of this Web Site, any use or access, or any inability to use or access, the Web Site or arising out of or in connection with any goods or services supplied by Southtrade International.

Where any Act of Parliament implies any term, condition, representation or warranty into the contents of this Web Site or your use of or access to the Web Site, and that Act prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included. If, and to the extent permitted by the Act however, Southtrade International’s liability for any breach of such term, condition, representation or warranty is limited to the supplying of the relevant good or services again, as Southtrade International may choose.

You should be aware that information current to a particular time or date as placed on the Web Site does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, such that the information does not reflect the state of affairs at any subsequent time. Further, for various reasons, substantial delays may occur before particular information on this Web Site is updated. Southtrade International will make reasonable efforts to provide accurate product descriptions and pricing. All prices quoted and displayed on the Web Site, including for goods and services, postage and handling fees, and other charges are current at the time of display, but are subject to variation without notice. Without limiting the operation of any other Terms and Conditions herein, Southtrade International does not warrant that product descriptions or any other content of the Web Site including prices and the numbers of available product is accurate, complete, reliable, current or error free.

You agree to indemnify and keep indemnified Southtrade International, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the Web Site (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, or other users of this Web Site using the Web Site on your behalf, of any intellectual property or other right of any person or entity.

All information, ideas, concepts, know-how or techniques provided by you through this Web Site including the fact that you have accessed the Web Site and information, goods or services you have sought from the Web Site (“Information”) shall be deemed to be non-confidential, and Southtrade International shall be free to use, disclose, reproduce, transmit, publish and distribute the Information without limitation. You warrant that the Information is available for such use by Southtrade International, and agree to indemnify Southtrade International if any third party takes action against Southtrade International in relation to Information that you provide.

Southtrade International reserves the right to revise the content of, amend links from or withdraw access to the Web Site, cancel orders or not provide goods and services or revise prices at any time without notice. Without limiting the operation of any other Terms and Conditions herein, Southtrade International will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Southtrade International’s liability will survive such termination.

Southtrade International will only dispatch orders, once it is satisfied that that it has received full payment. The placement of an order by you constitutes an offer by you. Southtrade International will email a Customer Order Confirmation confirming the details of your offer. A Customer Order Confirmation does not in any way constitute acceptance of your offer by Southtrade International.

Southtrade International reserves the right in its absolute discretion at any time to subsequently not accept any offer despite emailing a Customer Order Confirmation, or cancel, amend or revise any orders, or not provide goods or services. Without limiting the operation of any other Terms and Conditions herein, Southtrade International will not be held liable for loss or damage arising from the exercising of these rights, including but without limitation to, any loss or damage caused by the late delivery or cancellation of an order or a product or service or amendment or revision of any order.

You may cancel any order within 24 hours of first placing it. To do so, please contact us via email at orders@fireballmerch.com.au.

Southtrade International’s agreement with you comes into existence when it accepts your payment and processes your order. Southtrade International in its absolute discretion may permit you to cancel your order if it has not been fully processed by Southtrade International.

Any delivery times indicated by Southtrade International are estimates only. Southtrade International makes no guarantee that the goods will be received by the estimated time. You are responsible for entering the correct delivery details at time of ordering. Southtrade International accepts no responsibility for late, lost or misdirected deliveries due to incorrect delivery details. You are responsible for any costs associated with resending the order to the correct address, if the goods are not lost.

You are responsible for contacting Southtrade International should the order not be received.

To the extent permit by law, and without limiting the operation of any Terms and Conditions you agree that late delivery does not constitute a breach of our agreement with you, or entitle you to cancel your order and Southtrade International will not be liable for any loss or damage for any goods that are lost, stolen or damaged after the goods are delivered.

The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.

Southtrade International makes no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Southtrade International assumes no responsibility and accepts no liability for the condition or content of any third party web sites that may be linked to or accessed from the Web Site. Except as Southtrade International may specifically direct otherwise, Southtrade International does not authorise the content of those third party web sites. The Web Site may also contain third party advertisements which contain embedded hyper-links to web sites operated by third parties. The placement of third party advertisements on this Web Site does not necessarily constitute the recommendation or endorsement of Southtrade International for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

Certain parts of the Web Site may contain competitions or promotions from Southtrade International or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Web Site from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Southtrade International specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Web Site without any liability to you.


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