TERMS & CONDITIONS OF SALE

Last updated August 16, 2017

RISK OF LOSS
1. All items purchased from Cactus Vision are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

GST
2. Unless stated to be otherwise, charges referred to for use of any services or purchase of any product provided by Cactus Vision are GST inclusive. Cactus Vision will issue a Tax Invoice for all purchases. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the "Act"). Tax invoice means tax invoice as defined by the Act.

ERRORS AND OMISSIONS
3. Cactus Vision endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.

DELIVERY
4. In rural and regional areas of Australia, delivery times for Express Parcel Services are in respect of delivery to the Post Office of the principal township in that area. Delivery to final destinations may take longer. If in doubt please check with your local Post Office.
4.1 Unless alternative arrangements have been made with CACTUS VISION the Customer shall be responsible for the cost of any delivery made ex-CACTUS VISION store. If CACTUS VISION is requested to arrange for delivery of products beyond the store, the Customer shall pay the delivery charges stipulated by CACTUS VISION from time to time. CACTUS VISION shall in all cases be entitled to choose the method of transport.
4.2 Any date or time quoted for delivery is an estimate only and CACTUS VISION shall endeavour to effect delivery at the time or times required by the Customer but failure to do so shall not confer any right of cancellation or refusal of delivery on the Customer or render CACTUS VISION liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.
4.3 The Customer shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery or any strike, lockout, unavailability of materials, accidents to machinery, differences with workmen, breakdowns, shortages of supplies or labour, fires, floods, storm or tempest, transport delays, acts of God, restrictions or intervention imposed by any laws, regulations, governments or agencies thereof and any other cause beyond the control of CACTUS VISION or any other cause whatsoever.
4.4 CACTUS VISION’s obligation to deliver shall be discharged on arrival of the goods at the Customer’s nominated delivery destination, nominated transport company, nominated agent or the address appearing on the invoice. The Customer shall unload the goods upon delivery, provided that if the Customer is unable or unwilling to accept physical delivery of the goods when the goods are ready for delivery, CACTUS VISION shall be entitled to charge a fee for any delay experienced or arrange for the storage of the goods at the risk and cost of the Customer including all transportation, storage and other consequential costs. CACTUS VISION may, at its discretion, make and invoice partial deliveries and each partial delivery shall be a separate sale pursuant to these Terms and Conditions of Sale.

PRICES AND DELIVERY
5. Prices quoted expire thirty (30) days after the date of order and thereafter are subject to increases without notice at any time at the discretion of Cactus Vision.
5.1 Unless otherwise indicated, prices do not include delivery.

RETURNS
6. Cactus Vision will accept returns in accordance with New South Wales and Australian law. Returns for merchandise and non-plant items are also accepted with prior approval from Cactus Vision and must be with 14 days of invoice. The item must be unused and the packaging in new condition.
6.1 CACTUS VISION shall not be liable to accept any returned goods for plant mater but may in its absolute discretion accept the return of plant goods, provided that such goods shall only be accepted for return with the prior written approval of a duly authorised representative of CACTUS VISION. Plant Goods returned for credit pursuant to this clause will be subject to a handling and administration charge equivalent to 10% of the invoiced value of the returned goods. Return freight and other expenses will be paid for by the Customer and no returns of special goods will be accepted. Any returned goods must be accompanied with the relevant invoice numbers and/or a Goods Return Authority.

REPAIRS AND WARRANTIES
7. If a product is faulty please contact us immediately so as to authorize a repair or replacement. If an item arrives and is faulty on arrival please contact us within 14 days so we can arrange a replacement or repair.
INSPECTION
8. The Customer shall examine the goods immediately after delivery and CACTUS VISION shall not be liable for any misdelivery, shortage, defect or damage unless CACTUS VISION receives details in writing within forty-eight (48) hours of the date of delivery of the goods.

PROPERTY AND RISK
9. Notwithstanding delivery of the goods or their installation, property in any given goods shall remain with CACTUS VISION until the Customer has paid and discharged any and all other indebtedness to CACTUS VISION on any account whatsoever, including all applicable 9.1 GST and other taxes, levies and duties. Any payment made by or on behalf of a Customer which is later avoided by the application of any Statutory Provision shall be deemed not to discharge the Customer’s indebtedness and, in such an event the parties are to be restored to rights which each respectively would have had if the payment had not been made.
9.2. The risk in the goods shall pass to the Customer upon delivery to the Customer or his agent or to a transport company nominated by the Customer.
9.3. The Customer acknowledges that it is in possession of the goods solely as a bailee for CACTUS VISION until payment as defined in clause 7 has been made in full to CACTUS VISION and until such payment: :
9.4. The Customer shall be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery; and
9.5. The Customer shall store the goods separately from its own goods and those of any other party and in a manner which clearly identifies the goods, whether as separate chattels or as components, as the property of CACTUS VISION.
9.6. The Customer shall maintain records of goods owned by CACTUS VISION identifying them as CACTUS VISION’s property, of the persons to whom the goods are sold or disposed to and of the payments made by such persons for such goods. The Customer shall allow CACTUS VISION to inspect these records and the goods themselves on request.
9.7. The Customer hereby irrevocably grants to CACTUS VISION its agents and servants, an unrestricted right and licence, without notice to enter premises occupied by the Customer to identify and remove any of the goods the property of CACTUS VISION in accordance with the Terms and Conditions of Sale without in any way being liable to the Customer or any person claiming through the customer. CACTUS VISION shall have the right to sell or dispose of any such goods removed or otherwise in its sole discretion and shall not be liable for any loss occasioned thereby.
9.8 CACTUS VISION licenses the Customer to install the goods. If the goods are affixed to other materials, the totality thereof shall be the sole and exclusive property of CACTUS VISION until payment as defined in clause 5 has been made in full to CACTUS VISION unless the other materials or part thereof are or is the property of a party or parties other than the Customer in which case the totality thereof shall be deemed to be owned as tenants in common with such other party or parties in shares corresponding to the respective amounts paid or payable by the Customer in respect of such other party or parties.
9.9. The Customer shall be at liberty to agree to sell the goods (independently or affixed to other materials) subject to the condition that until payment has been made in accordance with clause 7, the Customer shall sell as an agent and bailee for CACTUS VISION and that the entire proceeds from the sale thereof shall be held in a separate account on trust for CACTUS VISION.
9.10. The right to on-sell, deal or otherwise dispose of the goods in the normal course of trade may be revoked at any time by CACTUS VISION and shall automatically cease if a Receiver is appointed over any of the assets on the undertaking of the Customer or if a winding up order is made against the Customer or if the Customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or administration or calls a meeting of, or makes any arrangement or composition with, creditors or commits any act of bankruptcy or where the Customer is in default of any of its obligations to CACTUS VISION.

LIMITATION OF LIABILITY (GOODS)
10. These Terms and Conditions of Sale do not exclude, restrict or modify the application of any provisions of any Commonwealth, State or Territorial Law which by law cannot be excluded, restricted or modified.
10.1. i) In the case of goods supplied by CACTUS VISION to a Customer who is not a “consumer” (as defined in the Trade Practices Act, 1974 as amended from time to time (“the Act”), if the goods do not correspond with the description of them on the invoice or are defective, then provided that the goods are preserved intact and made available for inspection by a representative of CACTUS VISION and are returned to CACTUS VISION in the same order and condition as that in which they were delivered, CACTUS VISION shall at its option replace those goods or reimburse the Customer for the amount of the purchase price paid for them, but any claim in this respect must be made in writing within seven (7) days of the date of delivery of those goods.
ii) Should the Customer seek indemnity from CACTUS VISION in respect of any claim by a consumer on the Customer as a result of a breach of condition or warranty implied by the Act in a contract for the supply of goods by the Customer to that consumer, sub-paragraph (i) will not apply and in respect of goods that are of a kind ordinarily acquired for personal, domestic or household use or consumption (“consumer goods”) CACTUS VISION’s liability is limited to indemnifying the Customer in accordance with the Act, limited to a liability to pay to the Customer an amount equal to the cost of replacing the goods or the cost of obtaining equivalent goods or the cost of having the goods repaired, whichever is the lesser amount.
10.2. In the case of goods supplied by CACTUS VISION to a Customer who is a consumer, to the extent that the goods are not consumer goods or goods, the liability of CACTUS VISION to the Customer for breach of any warranty or condition (other than a warranty or condition implied by section 69 of the Act) or for breach of any duty of care shall in all cases be limited, at the option of CACTUS VISION to any one or more of the replacement of the goods or the supply of equivalent goods, the repair of the goods or acquiring equivalent goods or the payment of the cost of having the product repaired.
10.3. Except for those conditions and warranties implied by the Act or other sale of goods or consumer protection legislation which may not be excluded, the Customer agrees that:
10.4. It has not relied on any inducement, representation or statement made by or on behalf of CACTUS VISION in purchasing the goods and there are no implied conditions or warranties herein and no collateral contracts in connection herewith (except such as may be in writing and signed by a duly authorised representative of CACTUS VISION); and
10.5. This clause sets out the entire liability of CACTUS VISION in respect of its liability under the Act or otherwise in respect of liabilities to a consumer for a breach of a condition or warranty with respect to the sale of goods or goods. In no circumstances will CACTUS VISION incur any liability in respect of or arising out of or in connection with any special, consequential, direct or indirect loss, damage, harm or injury suffered or incurred by the Customer.

FORCE MAJEURE
11. CACTUS VISION shall not be liable for any failure or delay in supply or delivery the goods where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of CACTUS VISION including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, frost, hail, plant disease or contamination, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, civil commotions or accidents of any kind.

TERMINATION
12.. If the Customer fails to comply with any of these Terms and Conditions or being a natural person or persons commits any act of bankruptcy, or being a corporation passes a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or administration or enters into any composition or arrangement with creditors of if a receiver or manager or administrator or controller is appointed for any property or assets of the Customer or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a liquidator or provisional liquidator or administrator is appointed, CACTUS VISION may, in addition to exercising all or any of its rights against the Customer, suspend any further deliveries and immediately recover possession of any goods not paid for in accordance with these Terms and Conditions.
Cactus Vision Gift Card
Terms & Conditions of use

Gift Card Overview
The Terms of Use govern the use of your CV (Cactus Vision) Gift Card and we reserve the right to amend these Terms of Use, at our discretion, from time to time. Below is the most recent version of the CV Gift Card Terms and Conditions, please contact our Marketing & Media department by email via [email protected] should you have any queries. We recommend that you read these conditions carefully before using your CV Gift Card.

GIFT CARD DEFINITIONS AND INTERPRETATION
In these Terms of Use, the following definitions and interpretations apply:
Words importing the singular number include the plural and vice-versa and words importing any gender include all other genders.
Headings are for reference only and shall not affect the construction of these Terms of Use.
Any reference to “dollars” or “$” is a reference to Australian currency, unless otherwise stated.
The following words shall have meaning given to them:
“Card Balance” means the remaining or unspent credit on a CV Gift Card.“Expiry Date” means the date, being 12 months from the date on which credit is loaded on to the CV Gift Card at a point of sale in a CV store, after which any remaining or unspent credit on the CV Gift Card will not be Redeemable. “PIN” means the 4-digit number on the back of a CV Gift Card which is required to make a transaction or a Card Balance enquiry.“Redeem” means to reduce the credit loaded on a CV Gift Card by using the CV Gift Card to purchase goods or services from us and “Redeeming”, “Redeemed” and “Redeemable” have a corresponding meaning. “Serial Number” means the number which appears beneath the barcode on back of a CV Gift Card. “CV” means Cactus Vision, 1437 Botany Road, Botany NSW 2217. “CV Gift Card” means a gift card, issued by CV, which you have purchased or received. “CV Privacy Policy” means the CV’s privacy policy which is available for viewing on the website, as amended from time to time. “Website” means www.cactusvision.com.au A reference to “we”, “us” or “our” is a reference to CV. A reference to “you” or “your” is a reference to the person who is taken to agree to these Terms of Use.

GIFT CARD ACCEPTANCE OF TERMS OF USE
These Terms of Use apply to every CV Gift Card.
By purchasing, Redeeming or attempting to Redeem a CV Gift Card or enquiring as to the Card Balance on a CV Gift Card, you:
accept and agree to be bound by these Terms of Use;
acknowledge that you have read and understood the CV Privacy Policy; and
warrant to us that you will comply with these Terms of Use and all applicable laws and that the CV Gift Card will not be used in any manner which is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.
If you intend to give a CV Gift Card to another person, you should ensure that the person is aware of these Terms of Use and the Expiry Date.

PURCHASING A CV GIFT CARD
CV Gift Cards can be purchased from any CV store. For more information regarding the location of CV stores, please visit the Website.
A minimum of $10 credit and a maximum of $500 credit can be loaded on any CV Gift Card by presenting the card at a point of sale in a CV store. At our absolute discretion, we may change the minimum and maximum amounts of credit that can be loaded on CV Gift Card. If we decide to change these amounts, we will publish a notice advising of any such changes on the Website.
There may be a delay between when credit is loaded onto a CV Gift Card and when the CV Gift Card is activated by our point of sale system. During the period of delay, the CV Gift Card can not be used to make purchases or to enquire as to the Card Balance.