Terms and Conditions of Sale

These terms and conditions of sale (Terms and Conditions) apply to the ordering, purchase, fulfilment and delivery of goods (Goods) from the website located shop.peacocks.com.au (Website).

Please read these Terms and Conditions carefully before placing your order.  These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods, including limitations of liability.

Peacock Bros. reserves the right to amend these Terms and Conditions from time to time without notice.  A version of the current Terms and Conditions is available on the Website at all times.

  1. Agreement
    • In these Terms and Conditions Peacock Bros. means Peacock Bros. Pty Ltd ACN 004 073 027 (Peacock Bros.) and 'you' or 'your' means the person who accepts these Terms and Conditions by using the Website to place an order for Goods.
    • Goods advertised on the Website are advertised for sale subject to these Terms and Conditions and the placement by you of an order, and the acceptance by Peacock Bros. of your order constitutes a legally binding contract between you and Peacock Bros. for the supply of Goods.
    • These Terms and Conditions include all those statutory rights conferred on you which Peacock Bros. is not capable of excluding, restricting or modifying, including statutory rights conferred on you under the Australian Consumer Law where you are a consumer.
    • Subject to clause 1.3, the parties acknowledge and agree that these Terms and Conditions take precedence over all other conditions of supply, and apply to the exclusion of all other documents, prior discussions, representations, understandings and arrangements (written or oral, express or implied) and other representations (contractual or otherwise) and these Terms and Conditions, together with your order, constitutes the entire agreement between Peacock Bros. and you for the supply of Goods. The Terms and Conditions cannot be varied unless Peacock Bros. agrees to vary them in writing.
    • By agreeing to these Terms and Conditions and entering into the agreement with Peacock Bros., you acknowledge and agree that you are over the age of eighteen (18) years.
  1. Other Terms and Conditions
  • These Terms and Conditions refer to the following additional terms, which may also apply:
    • Peacock Bros. Privacy Policy; and
    • Peacock Bros. Website Terms of Use.
  1. Price and Payment
  • Prices for Goods (Price) are as shown on the Website.
  • Peacock Bros. reserves the right to change the Price of Goods at any time without notice to you. The Price displayed at the time you place your order will continue to apply to you even if the Price changes before your order is accepted by Peacock Bros.
  • Prices displayed on the Website are in Australian dollars and except as otherwise expressly stated, are exclusive of GST, and any other sales, value added or similar tax.
  • Prices displayed on the Website exclude freight and shipping costs. In addition to the Price, you will also need to pay the delivery charge (Delivery Charge) for your selected delivery option.  The Delivery Charge will be added to the Price at the checkout.
  • Once you have placed your order by agreeing to purchase the Goods for the Price and the Delivery Charge, subject to these Terms and Conditions, Peacock Bros. may accept your order. Once Peacock Bros. has accepted your order, these Terms and Conditions become a legally binding contract between you and Peacock Bros.
  • In the event you obtain a customised quote from Peacock Bros. for the supply of Goods advertised on the Website, then unless otherwise specified, our quote is valid for 30 days from the date of issue.
  • You will pay the Price and Delivery Charge to Peacock Bros. in accordance with the payment terms set out below:
    • if you order Goods from the Website you must pay at the time of making your order.
    • If you order Goods from us pursuant to a customised quote, time for payment of the Price and Delivery Charge will be set out in our quote.  If the time for payment is not specified, you must pay the Price and Delivery Charge no later than 30 calendar days after receipt of a correctly rendered tax invoice.
    • The Price and Delivery Charge must be paid using one of the following payment methods:
      • credit card (plus any charges that may be applicable); or
      • direct debit; or
      • bank transfer; or
      • any other methods as agreed to between the you and Peacock Bros. in writing.
    • No amount owing by you to Peacock Bros. may be offset against any amount owing to you from Peacock Bros. unless agreed in writing.
  • Without prejudice to any other rights or remedies of Peacock Bros., if you fail to make (whether in full or in part) any payment required on or before the due date for payment, then:
    • You must pay to Peacock Bros. interest on the unpaid amount at 2% per annum above the average of the most recent prime rate, indicator rate, or reference rate (however described) for business overdrafts published by Peacock Bros. primary financial institution from time to time; and
    • such interest will accrue from the date payment was due to the date payment is made, will be calculated daily and capitalised monthly and must be paid by you upon demand by Peacock Bros.
  • If Peacock Bros. take steps or action to recover any amount due to it, you will be responsible for all losses incurred by Peacock Bros. in recovering the monies due.
  1. Cancellation of Orders
  • Peacock Bros. reserves the right to cancel, at any time before the delivery and for whatever reason, an order it has previously accepted. Peacock Bros. may do this for example, but without limitation, where:
    • Peacock Bros.' suppliers are unable to supply Goods that they have previously promised to supply;
    • An event beyond Peacock Bros.' control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure of computer systems, means that Peacock Bros. is unable to supply the Goods within a reasonable time; or
    • Goods ordered were subject to an error on the Website which was not discovered prior to the order being accepted.
  • You may cancel your order where Peacock Bros.:
    • has breached a material term of these Terms and Conditions;
    • is not able to deliver your order within a reasonable time of the estimated delivery time set out in the checkout at the time of your order, other than a result of any delay for which you are wholly or partly responsible or which was outside of Peacock Bros.' control.

 

 

  1. Delivery of Goods
  • When Peacock Bros. accepts an order it represents an agreement by Peacock Bros. to supply the Goods to you in accordance with your order subject to receiving payment from you of the Price and Delivery Charge, and subject to these Terms and Conditions.
  • Unless otherwise agreed by Peacock Bros. in writing, Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your order may be rejected and Peacock Bros. will notify you.
  • Peacock Bros. will use all commercially reasonable efforts to deliver the Goods to you within a reasonable time however you acknowledge and agree that the estimated delivery time set out at the checkout at the time of making your order is an approximate delivery time only and is not a guaranteed delivery time.
  • Peacock Bros. may deliver the Goods by separate instalments.
  • Peacock Bros. will deliver the Goods, in the quantity set out in your order, to the delivery address specified in your order.
  • Delivery of the Goods to a third party nominated by you is deemed to be delivery to you for the purposes of the agreement between the parties.
  • Except where Peacock Bros.' liability may not be excluded under the Australian Consumer Law, Peacock Bros. is not liable for any loss due to the failure by Peacock Bros. to deliver the Goods (or any of them) promptly or at all, other than to refund any amounts paid by you where the Goods are not delivered at all.
  • Unless otherwise agreed, Peacock Bros.' obligations under an order in respect of Goods will be deemed complete and delivery effected when risk in the Goods passes to you on delivery of the Goods.
  1. Title and Risk
    • Subject to receipt by Peacock Bros. of the Price and Delivery Charge, risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address specified in your order.
    • In the event Peacock Bros. has agreed to supply Goods to you prior to receipt of the Price and Delivery Charge, title in the Goods remains with Peacock Bros. until the Price and Delivery Charge are paid notwithstanding that the risk passes to you on delivery of the Goods.
  2. Descriptions
    • No warranty or guarantee is given by Peacock Bros. whatsoever regarding the quality, condition, specifications, merchantability, or fitness for purpose of the Goods, except as required under the Australian Consumer Law.
    • You expressly acknowledge that you have relied entirely on your own knowledge, skills, and judgment in selecting and ordering the Goods.
  3. Product Returns
    • Where a Good is considered defective or you otherwise seek to return a Good to Peacock Bros., any such request needs to be made in writing to Peacock Bros.' service department by completing and submitting a Return Authority Request available from the Returns tab in the Customer Service section of our Website.
    • Defective Goods
      • You must, as soon as possible after delivery, check whether the Goods were damaged or defective when delivered.
      • The Goods will be considered to have been delivered in good condition unless you give Peacock Bros. notice of the damage or defect within seven (7) Business Days after delivery in accordance with these Terms and Conditions.
    • Return of Goods for change of mind
      • Peacock Bros. does not offer returns or credits for the return of Goods where you have changed your mind, made a wrong selection or simply found the Goods cheaper elsewhere.
      • Any requests for returns need to be made within seven (7) days' receipt of the Goods, in writing to Peacock Bros.' service department via the submission of a Returns Authority Request.
      • You acknowledge that in the event Peacock Bros. agrees to a return other than for a defective product, a 15% product restocking fee will apply.
  1. Claims and limitation of liability
    • The Australian Consumer Law provides consumers with a number of consumer guarantees that cannot be excluded or limited. The limitations of liability set out in these Terms and Conditions are therefore subject to, and will not apply to the extent that they limit or exclude such consumer guarantees.
    • You must promptly inform Peacock Bros. of all complaints or claims relating to any of the Goods.
    • Peacock Bros.' liability for any loss suffered or incurred by you, howsoever caused, which arises out of or in connection with the supply of Goods pursuant to these Terms and Conditions is limited to:
      • the replacement of the Goods or the supply of equivalent goods;
      • the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
      • where you are not a consumer, provision of a credit; and

in any other case, is excluded such that Peacock Bros. shall not be liable to you, except to the extent that the loss suffered or incurred by you was directly caused by an act or omission of Peacock Bros.

  • To the full extent permitted at law, Peacock Bros. is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative Goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any order.
  1. Peacock Bros.' Privacy Policy

Peacock Bros.' Privacy Policy is incorporated by reference into these Terms and Conditions.  Peacock Bros. will only use your personal information as set out in the Peacock Bros. Privacy Policy available [Here].

  1. GST
  • Words or expressions used in this clause 11 that are defined in the GST Act have the same meaning given to them in that Act.
  • Unless otherwise stated, any amount specified in the Agreement as the consideration payable for any taxable supply does not include any GST payable in respect of that supply.
  • If a party makes a taxable supply under the Agreement (supplier), then the recipient of the taxable supply (recipient) must also pay, in addition to the consideration for that supply, the amount of GST payable in respect of the taxable supply at the time the consideration for the taxable supply is payable.
  • Despite anything stated in this clause, the recipient is not obliged under the Agreement to pay the amount of any GST payable until the supplier provides it with a valid tax invoice for the taxable supply.
  • If an adjustment event arises in relation to a taxable supply made by a supplier under the Agreement, the amount paid or payable by the recipient pursuant to clause 16(c) will be amended to reflect this and a payment will be made by the recipient to the supplier or vice versa as the case may be.
  • If a third party makes a taxable supply and the Agreement requires a party to the Agreement (the Payer) to pay for, reimburse or contribute to (Pay) any expense or liability incurred by the other party to that third party for that taxable supply, the amount the Payer must Pay will be the amount of the expense or liability plus the amount of any GST payable in respect thereof but reduced by the amount of any input tax credit to which the other party is entitled in respect of the expense or liability.
  1. Jurisdiction

These terms and conditions are governed by the laws of Victoria, Australia.  You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia and al courts of appeal from them, for determining any dispute concerning these terms and conditions.

  1. Contact

If you have any queries regarding these Terms and Conditions, please contact our Compliance Officer at enquiries@peacocks.com.au