- Please read these terms and conditions of use carefully. These Terms and Conditions should be read in conjunction with the Returns and Warranty Policy. When you agree to purchase from I Like It Direct, you enter into a contract with us, and you accept that you will be bound by the Terms and any other terms specified in the process of ordering the goods.
- All prices include the Goods and Services Tax (GST). Prices quoted on our website or other promotional material may vary from time to time. If you purchase goods from our website, then the price you pay is the price quoted at the time you place your order with us. If you purchase goods by calling our call centre, then the price you pay is the price advertised on our infomercial at the time you place your order with us. You understand that the price quoted on our website may be different form the price quoted by our call centre operators or advertised on television.
- I Like It Direct reserves the right to change the Terms without notice to you. You will be bound by the Terms operating at the time you placed your order with us.
- I Like It Direct will despatch your order to you with 20 days after we receive your completed order. You agree that we are not responsible for any delay in delivery where that delay is caused by circumstance beyond our control. These circumstances may include, among other things and without limitations, adverse weather conditions, natural disasters, strikes or international actions.
- If your order is delayed for any circumstance beyond our control, you agree that we will not be responsible for any loss or damage you may suffer from that delay.
- You must provide us with a valid postal address as well as your current residential address. You specially agree that we are not responsible for any lost or misdirected mail or shipment to you.
- Titles to the goods purchased by you remain with us until you have paid for them. Once the goods are paid for in full, the title will pass to you. Where goods are not purchased for your personal, household or domestic use, I Like It Direct expressly excludes all conditions and warranties, expressed or implied, as to merchantability, fitness for purpose.
- Title in the goods remains with us until payment in full. If you fail to pay for the goods within the time agreed we reserve the right to enter your premises to recover the goods. You understand and agree that you must inform any receiver, administrator and manger or trustee who may be appointed to manage your property or affairs that we retain title to any goods you may have purchased from us and for which you have not paid in full.
- You must pay postage and handling charges for each item you purchase from us. These charges are in addition to the purchase price and are not ordinarily refundable.
- These Terms are governed by the law of the State of Victoria.
- I Like It Direct will not be held responsible where your account or computer terminal is used without your consent. It is our responsibility to maintain the confidentiality of your account and access to your computer terminal. It is your duty to keep your credit card in a secure location, and not to divulge your details so as to permit unauthorized use.
- You agree that you are over 18 years of age or that if you are under the age of 18 years that you are supervised by your parent or guardian whenever you use this website. If you are under 18 years, I Like It Direct reserves the right to refuse to sell to you or to terminate your account, or to cancel your order.
- I Like It Direct is not be responsible for any loss or damages, however occurring, resulting as a consequence of your use of our website. Limitation of liability is extended but not limited to negligence, consequential, direct or indirect damages, including but not limited to loss of data, profit or any other loss however caused resulting from your use of this website.
- You acknowledge that we are not the exclusive suppliers of some goods. You acknowledge that some of the goods we advertise for sale may be available at other suppliers that are independent to us. You must not return goods to us that you have purchased from another supplier. We shall return to you any goods that you have not purchased from us at your cost. You authorise us to provide your personal details to any law enforcement agency if you claim a refund, repair or replacement from us to which you are not entitled.
- You must retain your receipt as your proof of purchase from us. We may ask you to send it to us to verify any claim.
- I Like It Direct reserves the right to charge interest to you on overdue accounts at the interest rate of 10% per annum.
- I Like It Direct will make a reasonable effort to ensure that information on the website is accurate and correct, but makes no representations as to the accuracy of the information. I Like It Direct assumes no liability for any errors or omissions contained on the website.
- If by reason of any fact, circumstance, matter or thing beyond the reasonable control of I Like It Direct or you either is unable to perform in whole or in part any obligation under these Terms then:
(i) that party is relieved of that obligation under this agreement to the extent and for the period that it is unable to perform such obligation; and
(ii) that party will not be liable to the other party to this agreement for failure to perform such obligation to the extent and for the period of non-performance contemplated by this clause.
18.You can shop for goods on line or by post by making cheques payable to I Like It Direct Pty Ltd and sending it to us with details of the goods which you would like to purchaser or by telephoning I Like It Direct and ordering goods by paying with credit card.
19. Postage charges apply within Australia. International Orders will be charged postage.
20.You may pay by Paypal, Visa, Visa Debit or Mastercard.
21.No goods will be posted prior to payment in full.
22.I Like it Direct may in its absolute discretion refuse to provide goods.
23. You are not entitled to retain any money owing to I Like It Direct I Like It Direct notwithstanding any default or alleged default by I Like It Direct of these Terms, including (but not limited to) the supply of allegedly faulty or defective goods, provision of inadequate standard or a delay in the provision of goods. Nothing in this paragraph your rights for any alleged failure of a guarantee under the Australian Consumer Law.
24.You must pay I Like It Direct on demand interest at the rate of 10% per annum on all overdue amounts owed by you to I Like It Direct, calculated daily.
25.Title and risk
(a) Risk in Goods passes to you immediately upon delivery.
(b) Property in Goods supplied to you does not pass to you until all money (including money owing in respect of other transactions between I Like it Direct and yourself) due and payable to I Like It Direct by you have been fully paid.
(c) Where goods are supplied by I Like It Direct to you without payment in full of all moneys payable in respect of the goods provided by I Like It Direct in respect of those goods, you:
(i) is a bailee of the goods until property in them passes to you;
(ii) irrevocably appoints I Like It Direct its attorney to do all acts and things necessary to ensure the retention of title to goods including the registration of any security interest in favour of I Like It Direct with respect to the goods under applicable law;
(iii) must be able upon demand by I Like It Direct to separate and identify as belonging to I Like It Direct goods supplied by I Like It Direct from other goods which are held by you;
(iv) must not allow any person to have or acquire any security interest in the goods;
(v) agrees that I Like It Direct may repossess the goods if payment is not made within 14 days (or such longer time as I Like It Direct may, in its complete discretion, approve in writing) of the supply of the goods; and
(vi) you grant an irrevocable licence to I Like It Direct or its agent to enter your premises in order to recover possession of Goods pursuant to this paragraph. You indemnify I Like It Direct in respect of any damage to property or personal injury which occurs as a result of I Like It Direct entering your premises.
(d) Where goods are supplied by I Like It Direct to you without payment in full of all moneys payable in respect of the goods, you acknowledge that I Like It Direct has a right to register and perfect a personal property security interest.
(e) If:
(i) a PPS Law applies or commences to apply to these Terms of Trade or any transaction contemplated by them, or I Like It Direct determines (based on legal advice) that this is the case; and
(ii) in I Like It Direct's opinion, the PPS Law:
(A) does or will adversely affect I Like It Direct's security position or obligations; or
(B) enables or would enable I Like It Direct's security position to be improved without adversely affecting you,
I Like It Direct may give notice to you requiring you to do anything (including amending these Terms or execute any new Terms and Conditions) that in I Like It Direct's opinion is necessary, to the maximum possible extent, to overcome the circumstances contemplated in paragraph (ii)(A) or improve the security position as contemplated in paragraph (ii)(B). You must comply with the requirements of that notice within the time specified in the notice. If having completed everything reasonably practicable as required under this paragraph, in I Like It Direct's opinion I Like It Direct's security position or obligations under or in connection with these Terms of Trade have been or will be materially adversely affected, I Like It Direct may by further notice to you cancel these Terms of Trade, in which case you must pay to I Like It Direct any money owed to I Like It Direct by you immediately.
26. Exclusions and limitation of liability
(a) You expressly agree that use of the goods is at your risk. To the full extent allowed by law, I Like It Direct's liability for breach of any term implied into these Terms by any law is excluded.
(b) All information, specifications and samples provided by I Like It Direct in relation to the goods are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect your use of the goods will not entitle you to reject the goods upon delivery, or to make any claim in respect of them.
(c) I Like It Direct is in no circumstances liable or responsible in any way to you or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the goods including in their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:
(i) any goods supplied to you;
(ii) any delay in supply of the foods; or
(iii) any failure to supply the goods.
(d) Any advice, recommendation, information, assistance or service given by I Like It Direct in relation to goods is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty or accuracy, appropriateness or reliability. I Like It Direct does not accept any liability or responsibility for any Loss suffered as a result of yours reliance on such advice, recommendation, information, assistance or service.
(e) To the fullest extent permissible at law, I Like It Direct is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide goods, or otherwise arising out of the provision of Goods, whether based on these Terms, negligence, strict liability or otherwise, even if I Like It Direct has been advised of the possibility of damages.
(f) You acknowledge that the goods are not for personal, domestic or household purposes.
(g) The Australian Consumer Law may give to you certain guarantees. Where liability for breach of any such guarantee can be limited, I Like It Direct's liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods, to the replacement or repair of the goods or the costs of resupply or replacement of the goods.
27 (a) You indemnify and keep indemnify I Like It Direct, its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, you) against I Like It Direct or, for which I Like It Direct is liable, in connection with any Loss arising from or incidental to the provision of goods, any order or the subject matter of these Terms including, but not limited to any legal costs incurred by I Like It Direct in relation to meeting any claim or demand or any party/party legal casts for which I Like It Direct is liable in connection with any such claim or demand. This provision remains in force after the termination of these Terms.
(b) If circumstances beyond I Like It Direct's control prevent or hinder its provision of the goods, I Like It Direct is free from any obligation to provide the goods while those circumstances continue. I Like It Direct may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
(c) Circumstances beyond I Like It Direct's control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
28. If a dispute arises between you and I Like It Direct, the following procedure applies:
(i) A party may give another party a notice of the dispute and the dispute must be dealt with in accordance with the procedure set out in this paragraph.
(ii) A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute unless the dispute has been referred for resolution in accordance with this paragraph.
(iii) A party must not oppose any application for a stay of any legal proceedings that may be issued in respect of a dispute pending the completion or termination of the procedure set out in this paragraph.
(iv) If a dispute is notified, the dispute must immediately be referred to the parties' respective senior management. Those representatives must endeavour to resolve the dispute as soon as possible and in any event within 5 Business Days (or other period as agreed).
(v) Unless otherwise agreed by the parties, any dispute that cannot be settled by negotiation between the parties or their representatives the parties expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation. The mediation must be conducted in accordance with the ACDC Guidelines for Commercial Mediation which are operating at the time the matter is referred to ACDC. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the Guidelines are incorporated into these Terms of Trade. This paragraph survives termination of these Terms of Trade.
(vi) Notwithstanding the existence of a dispute (including the referral of the dispute to mediation), each party must continue to perform its obligations under these Terms of Trade.
(vii) The parties must hold confidential, unless otherwise required by law or at the direction of a court of competent jurisdiction, all information relating to the subject matter of the dispute that is disclosed during or for the purposes of dispute resolution. The parties acknowledge that the purpose of any exchange of information or documents or the making of any offer of settlement pursuant to this procedure is to attempt to settle the dispute between the parties. No party may use any information or documents obtained through the dispute resolution process for any purpose other than an attempt to settle the dispute between the parties.
29.Other matters
(a) These Terms and any Quotes and written variations agreed to in writing by I Like It Direct represent the whole agreement between the parties relating to the subject matter of these terms.
(b) These Terms supersede all oral and written negotiations and communications by and on behalf of either of the parties.
(c) In entering into these Terms, you have not relied on any warranty, representation or statement, whether oral or written, made by I Like It Direct or any of its employees or agents relating to or in connection with the subject matter of these Terms of Trade.
(d) If any provision of these Terms of Trade at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
(e) A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.
(f) A notice or other communication required or permitted to be given by one party to another must be in writing to the address shown on a Quote (or as varied pursuant to this paragraph) and delivered personally, sent by pre-paid mail to the address of the addressee specified in the relevant Quote; sent by facsimile transmission to the facsimile number of the addressee specified in the relevant Quote, with acknowledgment of receipt from the facsimile machine of the addressee or sent by e-mail to the e-mail address of the addressee specified in the relevant Quote with acknowledgement of delivery.
(g) A notice or other communication is taken to have been given (unless otherwise proved) if mailed, on the second Business Day after posting; or if sent by facsimile or e-mail before 4 pm one Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt.
(i) A party may only change its postal or email address or fax number for service by giving notice of that change in writing to the other party.