1.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the business unless confirmed by Neo-Geisha X in writing.
1.3 The Customer acknowledges that no employee or agent of Neo-Geisha X has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these terms.
2.1 Prices are subject to change without notice.
2.2 Payments are to be made direct to Neo-Geisha X, strictly net, without any deduction or discount other than stated herein or in the relevant invoice or statement.
2.3 Payments are to be made on the date of the customers order and funds must be cleared before processing their order.
3. PROPERTY OF GOODS
3.1 Legal and beneficial ownership of Goods supplied by Neo-Geisha X will not pass to the Customer until such time as the goods so supplied and all other goods supplied by Neo-Geisha X to the Customer from time to time, have been paid in full in cash or cleared funds.
4. RESTRICTED MATERIAL
4.1 “Restricted Material” means any product displayed for sale on the Website, the sale of which is restricted to persons of a certain age.
4.2 If you are
(a) under 18 years of age, then you may not use the Site to order a film that is classified R 18+; and
(b) under 15 years of age, then you may not use the Site to order a film that is classified MA 15+ or a Restricted Game unless:
(i) you have the consent of your parent or guardian; and
(ii) you live in and the Delivery Address for the order is in:
(A) for a film that is classified MA 15+, New South Wales, Victoria, South Australia, the Northern Territory, the Australia n Capital
Territory or Tasmania; and
(B) for a Restricted Game, Victoria, South Australia, the Northern Territory, the Australian Capital Territory or Tasmania.
4.3 If you are under 15 years of age, then you may use the Site to place an order for a film that is classified MA 15+ or a Restricted Game if:
(a) you live in and the Delivery Address for the order is in Queensland; and
(b) you are accompanied by a person that is 18 years of age or older at the time the order is placed and at the time of delivery of the order.
(a) subject to certain limited exceptions specified by law, acknowledge that it is against the law to sell or supply a Restricted Film or a Restricted Game to, or obtain a Restricted Film or a Restricted Game on behalf of, a person under the age of 15 years (for a Restricted Game or a film that is classified MA 15+) and 18 years (for a film that is classified as R 18+); and
(b) warrant that you are not obtaining a Restricted Film or a Restricted Game on behalf of a person that is not of the appropriate legal age referred to in (a) above, unless you are permitted to do so by law.
4.1 Goods and Services tax ("GST") is included in the quoted price of ALL ITEMS. All other items include GST in their quoted price.
4.2 If GST is imposed on Neo-Geisha X in respect of the Goods, the Customer must pay Neo-Geisha X the amount of such GST in addition to the quoted price.
4.3 Neo-Geisha X must give the Customer notice of the amount of any GST payable at the time of checkout.
6. CANCELLATION OF ORDER
5.1 if a customer has ordered an item which they wish to cancel, contact must be made in writing (email) within 24 hours to Neo-Geisha X and explain the reasons why cancellation has been requested. Neo-Geisha X will provide any alternatives to the customer before any cancellation has been processed.
7. NEO-GEISHA X LIABILITY LIMITED
6.1These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act (1974).
6.2 Neo-Geisha X is not subject to, and the Customer releases Neo-Geisha X from any liablility (including but not limited to consequential loss or damage, removal costs or re-installation costs or liablilty for loss of use or profit) because of any delay in delivery or fault or defect in the Goods.
6.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute(s) apply to the Agreement then, to the extent to which Neo-Geisha X is entitled to do so, the Company's liability under the statutory provisions is limited, a Neo-Geisha X's option to
6.3.1 replacement of the Goods or the supply of equivalent Goods; or
6.3.2 payment of the cost of replacing the Goods or of acquiring equivalent goods, and in either case, Neo-Geisha X will not be liable for any consequential or other direct or indirect loss or damage.
7.1 Neo-Geisha X warrants to the Customer that the Goods supplied hereunder will be free from defects in material and workmanship.
7.2 On discovery of any defect in the Goods, the Customer must notify Neo-Geisha X in writing (email) of such defect. All warranty claims must be received by the Company within seven (7) days of the day of delivery.
7.3 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the agreement between Neo-Geisha X and the Customer in relation to the Goods (the "Agreement") are hereby expressly negatived and excluded to the full extent permitted by law.
7.4 The Customer expressly acknowledges and agree s that it has not relied upon, and Neo-Geisha X is not liable for any advice given by Neo-Geisha X, its servants, agents, representatives or employees in relation to the suitability for any purposes of the Goods.
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Registration and Promotions
We use registration forms. Registration forms require users to provide us with contact information such as names and e-mail address. The user's contact information is used to facilitate order processing for purchases in the future, as well as to contact users about new ranges, specials, and other promotions we may have. Individual user information is never disclosed to third parties. Promotions require users to go through the registration process. In addition to how registration data is used above, promotions use this data to contact winners of the promotion. By emailing us, users can request changes or to be removed from receiving future promotional e-mails.
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