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The following terms and conditions apply to your use of the Elgin Lotto & Tobacconist web site ("the web site") by Elgin Lotto & Tobacconist (Australian Business Number) ABN 34457465320 and any company member of its group, and its customers. Your use of the web site indicates your acceptance of these terms and conditions. These terms and conditions are subject to change by Elgin Lotto & Tobacconist. Elgin Lotto & Tobacconist may change the content of its terms and conditions at any time without any prior notice to anyone.
By becoming a member of Elgin Lotto & Tobacconist, the customer herein agrees to be bound to the terms and conditions listed on Elgin Lotto & Tobacconist.
1. Placing Order / Pricing
You must be over the legal smoking age of 18 if purchasing cigars or tobacco. Elgin Lotto & Tobacconist may undertake the right to ask for further details if required.
Any Quotation made by Elgin Lotto & Tobacconist is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by Elgin Lotto & Tobacconist within seven (7) days of receipt by Elgin Lotto & Tobacconist of the customer's offer.
All pricing is in Australian dollars and inclusive of GST. Please note that pricing and stock availability are subject to change without prior notice. Elgin Lotto & Tobacconist reserves the right not to sell below its cost.
All orders placed are subject to confirmation and acceptance by Elgin Lotto & Tobacconist, this includes the pre-paid orders, eg. direct deposit etc.
Elgin Lotto & Tobacconist may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If Elgin Lotto & Tobacconist requests payment for increased prices, you may cancel the order by giving notice to Elgin Lotto & Tobacconist, which must be received within seven days of the announcement of the increase.
To minimise errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible.
Quantity in stock displayed on the web site should be considered as a guide only. Quantity in stock does not take into account the orders already placed which are yet to be processed. It is possible that an order placed earlier will receive the allocation of the part in which the quantity for it showed as in stock at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on the web site.
Price may vary depending upon location due to freight costs and other logistical requirements.
Elgin Lotto & Tobacconist reserves the rights to adjust freight cost at any time.
2. Delivery & Collection
Elgin Lotto & Tobacconist holds the right to refuse to ship to PO Boxes.
We do not ship to third party addresses unless that address is known and can be verified by Elgin Lotto & Tobacconist.
The Customer shall at its own expense, arrange collection of products from Elgin Lotto & Tobacconist at its premises. Alternatively, Elgin Lotto & Tobacconist in its sole and absolute discretion may arrange physical delivery of products to the Customer at the Customer's business address, such delivery being at the cost of the Customer. The Customer shall be deemed to assume and shall be liable for loss or damage to products from the time they are placed on to the vehicle to transport them from Elgin Lotto & TObacconist's premises unless the Customer has insured the item when buying from Elgin Lotto & Tobacconist.
Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the customers if the delivery address is unattended at the time of delivery.
After your order is placed, you will be sent an E-mail acknowledgement which will include an Internet link with your order tracking number which can be used to track your order status.
3. Delivery Time
Any date Quoted for delivery is an estimate only, and unless a guarantee shall have been given by Elgin Lotto & Tobacconist in writing providing for liquidated damages for failure to deliver by the Quoted date, Elgin Lotto & Tobacconist shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the Quoted date. The Customer shall accept and pay for Products, not withstanding any failure by Elgin Lotto & Tobacconist to deliver by the Quoted date.
Goods specially ordered in, must be fully paid for prior to delivery & cannot be returned or exchanged without express approval from Elgin Lotto & Tobacconist in writing. The latter case would still attract the normal restocking fee.
4. Returns, Refunds, Cancellations
There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order.
Returns for refund will only be accepted within 7 days of you receiving the goods. A restocking fee of 25% of the purchase price will be deducted. Returned goods must be in its original condition and include all the original packaging. Shipping and handling cost are not refundable.
Any incorrect, missing or damaged items received must be reported to Elgin Lotto & Tobacconist within 24 hours of you receiving the delivery. This can only be done by E-mail, Fax or Phone.
If item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
Elgin Lotto & Tobacconist owns the title of any extra goods shipped with your order that have been despatched in error.
If requested by Elgin Lotto & Tobacconist, the Customer may be required to provide information in that Elgin Lotto & Tobacconist can easily assist the Customer with any monetary refund or cancellation. This information may include member's names, address, home phone, work phone, credit card details and other relevant information required by Elgin Lotto & Tobacconist. Failure to provide sufficient information may delay the refund or cancellation, Elgin Lotto & Tobacconist is not to be held responsible for any delays according to clause provided by Elgin Lotto & Tobacconist.
Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the despatching will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back.
Cancellations may be communicated by telephone, email or Fax. Saturdays, Sundays and holidays by E-mail or Fax only.
Cancellations for assembled system orders will incur a 10% cancellation fee. This is to reflect the labour cost and the depreciation for the used parts.
Cancellation for specially ordered items will also attract a 10% cancellation fee. This is to cover the return to stock fee implied by our suppliers and shipping cost.
5. Warranty Claim
Elgin Lotto & Tobacconist is responsible for the handling of most products & not warranty processes. Warrantees for individual parts we sell are provided by the manufacturers, not Elgin Lotto & Tobacconist.
Warranty only covers the item(s) sold by Elgin Lotto & Tobacconist. Warranty does not cover any other equipment used in conjunction with the item(s) sold by Elgin Lotto & Tobacconist.
Elgin Lotto & Tobacconist does not handle warranty claim for those goods where the manufacturer accepts direct warranty claims from customers. Most of the appliances, whitegoods, torches, knives, lighters etc are covered by direct manufacturer warranty.
DOA (Dead on arrival) items are eligible for refund or replacement. DOA items must be reported within 7 days from the time you receive your goods. Failure to report a DOA item within 7 days will result in you not being able to claim the item as a DOA.
In the event that normal stock lines, advertised in the Elgin Lotto & Tobacconist price list are to be returned. A 25% restocking charge applies goods must be in original saleable condition & a copy of invoice attached. Any unauthorised repair or upgrade voids warranty. Please refer to specific warranty condition on warranty card supplied with goods. Unless a unit is dead on arrival or damaged in transit, in this case must be received with 7 days of invoice date, goods remain the property of your customer & will be processed by the relevant manufacturer of agent as soon as possible. Elgin Lotto & Tobacconist will not be liable for any loss, whether material or not of such goods.
All warrantees are voided if returned product is found in any way to be mishandled, misinstalled, modified, tampered, abused, physically damaged or used under wrong voltage etc.
Elgin Lotto & Tobacconist is not responsible for data contents or the security of the data contents contained in any returned goods.
Customer is responsible for proper packaging of returns. All warranties will be void on items that are insufficiently or inaccurately packaged. Customer is responsible for all the shipping charges associated with returning the defective merchandise. If any item(s) returned for warranty claim is determined to be physically damaged, the item(s) will be returned to the customer as is.
Customer is responsible for any shipping and insurance cost involved in sending the warranty claim goods back to Elgin Lotto & Tobacconist. Elgin Lotto & Tobacconist is not responsible for any parcel missing in transit, on its return back to Elgin Lotto & Tobacconist.
Product(s) discontinued by manufacturer(s) shall be upgraded to a similar product or a credit will be given at the current market value or the purchase price whichever is lower.
6. Warranty turnaround time
Turnaround time for warranty claims largely depends on the suppliers or the distributors. We will try our best to speed up the process. Please understand the time involved for a warranty claim will include: our time to test the item, shipping back to the supplier, supplier's own test and replacement/repair, and the shipping back to us
We do not provide advance replacement under any circumstances. Please keep this in mind when you place your order. Elgin Lotto & Tobacconist is not responsible for any losses resulting from the time it takes to have the faulty item replaced or repaired.
If you will be using the item(s) for mission critical tasks, be it running a business, using it to prepare an examination etc, you should consider purchasing it from a provider that offers instant replacement.
7. Payment
Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to Elgin Lotto & Tobacconist without deduction or demand, within the approved term as advised by Elgin Lotto & Tobacconist, or in the absence of a term approved by Elgin Lotto & Tobacconist, within (7) days from the order date.
Payment for products ordered through Elgin Lotto & Tobacconist can be made by credit card.
8. Default in Payment
If the Customer defaults in payment to Elgin Lotto & Tobacconist, then:
a/ the Customer shall pay to Elgin Lotto & Tobacconist, on demand, interest on any overdue money during the period of default at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983, and
b/ all moneys owing by the company to Elgin Lotto & Tobacconist shall become due and payable forthwith without demand, and
c/ Elgin Lotto & Tobacconist may at its sole and absolute discretion suspend the provision of credit to the Customer until all amounts owing by the Customer are paid in full.
9. Liability
a/ Elgin Lotto & Tobacconist shall not be liable to the Customer, or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or directly in connection with the Products, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability.
b/ Elgin Lotto & Tobacconist expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.
10. Retention of Title
10.1 The title to the Products will pass to the Customer when payment in full for the Products has been received by Elgin Lotto & Tobacconist. Until the Customer has paid to Elgin Lotto & Tobacconist the full purchase price:
a/ Customer shall hold the Products as bailee for Elgin Lotto & Tobacconist.
b/ the Products shall be stored at the Customer's risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.
c/ the Customer shall indemnify Elgin Lotto & Tobacconist against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by Elgin Lotto & Tobacconist, or repossession or attempted repossession by Elgin Lotto & Tobacconist.
d/ any sale of the Products shall be effected as bailee for Elgin Lotto & Tobacconist, and the proceeds of such sale shall be held on trust for Elgin Lotto & Tobacconist. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
e/ the Customer shall permit Elgin Lotto & Tobacconist to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.
f/ reserve right of entry to inspect or recover goods owned by Elgin Lotto & Tobacconist, wherever they are located.
10.2 In the event that:
a/ the Products are not paid for in full in accordance with these terms and conditions of sale, or any other agreement between Elgin Lotto & Tobacconist and the Customer; or
b/ the Customer commits any breach of the terms and conditions of sale or any other agreement between Elgin Lotto & Tobacconist and the Customer; or
c/ the Customer receives notice of or reasonably believes that a third person may attempt to levy execution against the products; or
d/ the Customer makes or proposes to make an arrangement with its creditors or is placed under official management, or a petition is presented, or an application filed for the winding up of the Customer, or the Customer ceased to trade, or the Customer (being a natural person) commits an act of bankruptcy.
then Elgin Lotto & Tobacconist may, at any time, without notice to the Customer, and without prejudice to any other right which it may have against the Customer, terminate the contract and the bailment referred to above, and enter upon any premises owned or occupied by the Customer where Elgin Lotto & Tobacconist reasonably believes the Products may be stored, and repossess the Products without being liable for any damage caused, and subsequently dispose of the Products at its discretion. In this event, the Customer ceases to be liable to Elgin Lotto & Tobacconist for payment for the Products, If Moneys are recovered in full.
11. Disclaimer
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.
Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact our sales team.
12. Obligations of the Customer
As member of Elgin Lotto & Tobacconist, the Customer must provide current, complete, and accurate information about the Customer at all times.
The Customer is entirely responsible for their account which includes confidentiality, any and all activities through using the Customer's account, Elgin Lotto & Tobacconist will not be held responsible in any manner.
On the first purchase the Customer places with Elgin Lotto & Tobacconist, the Customer might be required to provide additional identification to Elgin Lotto & Tobacconist to help eliminate Internet credit card fraud and to provide additional security.
Elgin Lotto & Tobacconist reserves the right to terminate a Customer's account if it is found to contain false, incomplete, inaccurate information. If any security concerns or breaches arises from the Customer, they shall report it to Elgin Lotto & Tobacconist immediately.
Elgin Lotto & Tobacconist does not store any credit card details for any Customers. The Customer will ensure that credit card details are their sole responsibility to safe guard.
13. Differences and Complaints
Subject to the provisions of clause 7, Elgin Lotto & Tobacconist shall not be liable in respect of any difference or complaint arising out of the terms and conditions of sale unless the Customer advises Elgin Lotto & Tobacconist in writing of the difference or complaints not later than fourteen (14) days after the date of the occurrence of the events or circumstances on which the difference of complaint is based.
14. Waiver
The failure or neglect by Elgin Lotto & Tobacconist to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of Elgin Lotto & Tobacconist's rights hereunder, nor in any way effect the validity of the whole or any part of the terms and conditions of sale, nor prejudice Elgin Lotto & Tobacconist's right to take subsequent action.
15. Sever Ability
In the event that any part of these terms and conditions shall be deemed invalid, unlawful or un-enforceable to any extent, such terms or conditions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
16. Governing Law
Elgin Lotto & Tobacconist and the Customer agree that the terms and conditions of sale shall be governed by the laws of the State of Victoria, Australia.
17. Free Gifts and Promotions
Elgin Lotto & Tobacconist may sometimes offer free gifts and promotions to its customers. Elgin Lotto & Tobacconist reserves the right to discontinue any free gifts or promotions without notice to its customers.
17.1 Free Gifts have the following conditions
- Limit of 1 gift per order per customer
- Free gift only offered as part of an order made in which requires shipment. Any order which does not require a physical shipment or parcel to be delivered, ie a software download does not entitle the customer to the free gift.
- Offer is valid until end of January 2007 while stocks last or at the discretion of Elgin Lotto & Tobacconist
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