Terms & Conditions
www.cmtrading.com.au (the “Site”) is a shopping website where you can browse, select and order products advertised on the Site.
Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
The information contained in this site is provided in good faith on an “as is” basis. CM Trading does not represent or warrant the Information contained on this site. To the extent permitted by law, CM Trading is not responsible or liable for any liabilities or damages arising in any way for errors in, or omissions from, the information in this site.
Illustrations and photos contained in this site are sample representation of the products advertised, and variations may occur from time to time.
CM Trading does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
You are responsible for scanning any information for viruses
You agree that CM Trading has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
Compliance with these Terms and Conditions
You agree to bound by, and comply with, these terms and conditions by:
- using the Site;
- obtaining or ordering Products from us using the Site.
Changes to these Terms and Conditions
If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.
we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
Placing an Order for Products
- You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
- Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
- We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
- You agree to provide us with current, complete and accurate details when asked to do so by the Site.
- From time to time, CM Trading may restrict the quantity of Products which can be purchased in one order/transaction, or by one person, household or address during a particular of time. Any quantity restrictions will be stated.
Acceptance or Rejection of an Order
- We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the site or order or if we deem the order to be in violation of the product quantity restrictions.
- Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
- If we reject an order placed through the Site, then we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order
Cancelling an Order (by Us)
- Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
- the requested Products in that order are not available; or
- there is an error in the price or the product description posted on the Site in relation to the relevant
- that order has been placed in breach of these terms and conditions.
- If we do so, then we will endeavor to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
Cancelling an Order (by You)
- Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, without any liability to us for that cancellation.
- If you do, then you must provide us notice (including reason) before the dispatch of an order. You cannot cancel all or any part of an order after the order has been dispatched by us.
Delivery of Products
Please allow at least ten (10) working days for delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, this period may be extended by up to 30 days by us and we will endeavor to provide you with reasonable notice of that extension.
Prices, Fees and Charges, Price Match Guarantee
- The prices of Products and delivery and other charges displayed on this Site are current at the time of issue, however we reserve the right to change prices at any time before we accept an order from you.
- All prices shown on this Site are in Australian Dollars (AUD).
- We will charge you, and you agree to pay, the following fees and charges in relation to an order that
- the purchase price of each Product that is ordered;
- the delivery fee for delivering the Products to you; and
- any other fees and charges set out in these terms and conditions.
- All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).
- The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our stores for the same Product.
- Delivery Fees
- Delivery fee are payable in addition to the purchase price of each Product. A number of different delivery methods may be used depending on the type of order.
- If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.
- CM Trading currently ships orders to Australian addresses only.
- You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:
- special items;
- heavy, bulky and/or awkward items;
- express or urgent deliveries; or
- bulk or large quantity orders.
You covenant and warrant that:
- all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
- the person receiving the Products at the Delivery Address is authorised by you to do so;
- you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
- you will check the labels on the Products before consumption or use;
- use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
- make fraudulent or speculative enquiries, purchases or requests through the Site;
- use another person’s details without their permission or impersonate another person when using the Site;
- post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
- tamper with or hinder the operation of the Site;
- knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
- use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
- modify, adapt, translate or reverse engineer any portion of the Site;
- remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
- reformat or frame any portion of the web pages that are part of the Site;
- use the Site to violate the security of any computer or other network or engage in illegal conduct;
Warranty and Liability
CM Trading accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010. However, where we are permitted by law, we will only:
in the case of services, resupply of the services or pay you the cost of resupply; and
in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired.
we do not warrant or represent the suitability of the Site or a Product for any purpose; and
we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of Australia