Terms & Conditions
1. SHOPPING WITH YELLOWOCTOPUS.COM.AU
- We are Activminds Pty Ltd trading as Yellow Octopus (“Yellow Octopus”, “Activminds”, “we”, “us” or “our”) and we are registered in Australia with ACN 007337742. Our ABN is 44007337742. Our trading address is Yellow Octopus, 244 Wickham Rd, Highett VIC 3190 Australia.
- You can order Products in the following ways:
1. online via the website; or
2. by telephoning (03) 8684 9079 (in Australia) or (+61) 38684 9079 (international)
2. CONTRACT BETWEEN YOU AND YELLOW OCTOPUS
- When you place an order for a Product by using the website you are offering to buy it for the price shown on the website, subject to these Terms.
- Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- When you place your order online we will take payment as per clause. We will check Product availability and contact you by email to confirm that your order has been accepted. This email is our acceptance of your order and will specify delivery details and confirm the price of the Products purchased.
- If the Product is not available we will decline your order and send to you an email explaining this and any payment made for the Products will be refunded in full.
- Please be aware that once the following takes place:
- you have successfully placed an order;
- we have accepted it; and
- it has been received by our warehouse.
- we are unable to amend the order or details provided.
- You should print a copy of these Terms or save them to your computer for future reference.
- Yellow Octopus may cancel any contract between you and us and not supply Products if it is reasonable to do so and may change or discontinue the availability of Products at any time at its sole discretion. If we cancel your order, any payment made for the Products will be refunded in full.
- Each order that we accept will be a separate contract between you and us and each contract will be subject to these Terms.
- Products marked “Yellow Octopus Australia First” are those where Yellow Octopus is (or was originally) the first Australian-based internet retailer to supply the Product to the Australian market.
- The price for each Product is shown on the website and includes any relevant sales taxes (such as VAT) at the current rate.
- We always try to make sure that the prices on the website are accurate but errors may occur. If we discover an error in pricing of the Products that you order we will notify you as soon as possible using the contact details you supplied to us when placing your order. We will then give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to reach you within 7 days of our notice we will treat the order as cancelled. If you cancel, any payment made for the Products will be refunded in full. If you confirm, you must pay the difference before we despatch the Product.
- You will be notified of the delivery costs automatically before you submit your credit card details, based on the delivery address you specify. For more information about our delivery charges, please visit our Shipping page.
- Prices are quoted on the website in Australian Dollars. Outside of the Australia your credit card company should exchange the amount charged to the currency of your country at the current rate. Please note that both charges and refunds shall only be made in Australian Dollars and we cannot be held responsible for any loss due to exchange rate fluctuations.
- You must provide full and accurate payment details (e.g. credit card, debit card, PayPal or gift voucher) at the point of submitting your order.
- We will take payment from your credit card, debit card, PayPal account or gift voucher as soon as you place your order.
- We currently accept VISA, MasterCard and Paypal.
- To ensure that shopping online is secure, when paying by credit card, your details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also carry out additional security checks to confirm it is you making the order. In the event your card is declined please contact your card issuer to authorise the transaction.
5. GIFT VOUCHERS
- Gift vouchers must be redeemed within 1 year of purchase and cannot be set off against Products that have already been paid for.
- If the value of the order exceeds the value of a gift voucher, the balance must be paid by credit or debit card, or via PayPal.
- Unused balances will be held within the recipients voucher for the remainder of the 1 year period referred to in clause 5.1. At the end of that 1 year period the voucher (and any credit remaining on it) will expire.
- Gift vouchers have a cash redemption value of $0.001.
- Vouchers can only be used for in-stock Products and not for pre-ordered Products. Vouchers cannot be used to purchase Products which are already subject to other promotional offers.
6. PROMOTIONAL VOUCHER CODE TERMS
- If you have received a promotional voucher from us, only one such promotional voucher code can be redeemed per order.
- Promotional voucher codes are issued from time to time at our discretion. We reserve the right to cancel promotional voucher codes at any time without notice and without giving a reason.
- Only one promotional voucher code can be redeemed against any single order. If there is an unused balance of discount or credit remaining on the promotional voucher code, that balance will be extinguished and cannot be redeemed with any other orders.
- Promotional voucher codes cannot be re-used.
- Promotional voucher codes have a cash redemption value of 0.001p and are not transferable.
- Promotional voucher codes may not be used in conjunction with any other offer, discount or promotion.
- Promotional voucher codes may not be sold. For the avoidance of doubt, this includes auctions and other online sales.
- Certain Products cannot be purchased with promotional voucher codes. Such Products are clearly marked on their respective Product pages.
- The issuing of promotional voucher codes may be restricted (for example, one per email address). Please see the promotional page for details.
- Yellow Octopus promotional voucher codes cannot be used to purchase regular Yellow Octopus gift vouchers.
- All Products are available while stocks last. If we are unable to supply a Product to you following our acceptance of your order as per clause 2.4, we will notify you as soon as we can. If we cannot supply a Product you will not be charged for it and we will refund or re-credit your account with the amount of your up front payment.
- The images of the Products on the website are for illustrative purposes only. Although we have made every effort to display the images accurately, we cannot guarantee that your computer’s or device’s display accurately reflect the Products. Your Products may vary from those images.
- Certain Products advertised on the website (including but not limited to alcoholic beverages and dangerous items like knives) can only be purchased if you satisfy the legal age requirement for that Product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products. We reserve the right to request proof of age and not to supply Products to users that we suspect do not meet the legal age requirements.
- We aim to deliver your Products by the estimated delivery date set out in the acceptance email and in any event within 30 days from the date of order or, in the case of pre-ordered Products, 30 days from the date of the despatch confirmation email. If we are unable to meet the estimated delivery date because of an event outside our reasonable control we will email to you a revised estimated delivery date.
- Delivery will be completed when we deliver the Products to the delivery address given in the order.
- The Products will be your responsibility from the completion of delivery.
- You own the Products once we have received payment in full, including all applicable delivery charges. You will be notified of the delivery charges when you place your order.
- Delivery outside the Australia may be subject to local import duties, custom duties or taxes which are your responsibility where they apply. Unfortunately we cannot advise you what these charges will be and Yellow Octopus is not responsible for them.
- If you do not pay these local import/custom duties or taxes then the Product could be returned to Yellow Octopus or possibly destroyed if too expensive to return. Please note, if this happens, we may not be able to refund your purchase. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you are in breach of any law in any such country.
9. COPYRIGHT AND TRADEMARKS
- We do not give you any right or interest in any copyright or intellectual property rights in any product.
- The copyright and other intellectual property rights in the website and any information, images or software accessed via the website are owned by or licensed to Yellow Octopus and, unless otherwise specified, may not be used, copied or altered without our express consent.
- Copyright extends to the design, look and feel of the website, all photographs on it and our marketing materials.
- Yellow Octopus is our registered trade mark and our logos and domain names are trade names or trade marks of Yellow Octopus and may not be used by anyone else without our express permission.
- We do not give any warranty or representation in respect of the trade marks or trade names of any of the Products or brands featured on the website.
- We do not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them, Yellow Octopus does not make any warranty or representation in respect of any other trade mark and the trade marks of the brands featured on yellowoctopus.com belong to their respective owners.
10. PRIVACY AND DATA POLICY
- We believe that you will be delighted with your Products but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible and these Terms do not affect your statutory rights.
- We will try to attend to all return requests as soon as practically possible.
- Please note that returns are not able to be accepted in person at our registered office address.
- Nothing in this agreement will affect your statutory rights.
30 Day Money Back Guarantee
- Our policy is to ensure that you are satisfied every time you place an order. If you are unhappy with a product when you receive it or if you simply change your mind please return it to us within 100 days from the date of despatch of your order, with the despatch note, having taken reasonable care of it and in an unused resaleable condition complete with packaging and all components, and we will refund to you the price paid for that Product.
- We will pay the refund using the same method of payment as you used to purchase the Product. Payment will be made within 10 days or earlier once we have inspected the returned Product and are satisfied that it has been returned to us in the condition required by clause 11.5 above.
- Certain Products are excluded from this 100 day money back guarantee. Those Products will be clearly marked on their respective Product information pages on the website. They include (for example): food; perishable items; personalised products; or Products made to order. These Products cannot be returned for a refund unless faulty.
- To exercise the the 100 day money back guarantee, please notify us using the following details:
- Email: [email protected];
- Phone: (03) 8684 9079
- We may allocate you with a returns code which should be included with the package so that we can process your return.
- You will be responsible for the returned Products until they reach us, you should retain your proof of postage.
12. YELLOW OCTOPUS LIABILITIES
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they are an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
- We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
- Yellow Octopus will not be liable in any amount for failure to perform or delay in performance of any obligation under a contract if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation internet outages, communications outages, industrial action, fire, flood, war or act of God.
- Please read the instructions, manuals and other user documentation that comes with your Products carefully. Yellow Octopus is not involved in the manufacture of Products and will not advise on their use or operation or the manufacturer’s guidelines. We recommend that you use all Products safely and in accordance with the manufacturer’s guidelines.
- Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
13. YELLOW OCTOPUS RESPONSIBILITIES
- Yellow Octopus has tried to make the descriptions (including all pictures) of the Products as accurate as possible but you should check the dimensions stated on the website or contact us for exact sizes.
- Yellow Octopus shall ensure ordered Products at their retail value whilst being delivered to you. We will not cover any subsequent loss or destruction following delivery.
- Because of the nature of the internet Yellow Octopus provides and maintains the website on an “as is” and “as available” basis and makes no promise that use of the website will be uninterrupted or error free. We are not responsible to you if we are unable to provide our internet services for any reason beyond our control.
- Our website contains links to other websites which are not under our control or maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
- You will be responsible for any breach of these Terms by you and if you use the website in breach of these Terms you will be liable to and will reimburse Yellow Octopus for any loss or damage caused as a result.
- Yellow Octopus may revise these Terms from time to time. Any changes to our Terms will be notified on the website. You must check these Terms whenever you place an order with us.
- We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- You may only transfer your rights or our obligations under these Terms to another person if we agree in writing. However if you have purchased a Product as a gift, you may transfer the benefit of any warranties we give to you under this contract to the recipient of the gift without needing to ask our consent.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If Yellow Octopus does not enforce any provision of this agreement such will not be considered a continuing waiver.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
- If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- In the event that any part of these Terms is held to be unenforceable, such part will at Yellow Octopus's option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
- These Terms are governed by Victorian law. This means a contract for the purchase of Products through YellowOctopus.com.au and any dispute or claim arising out of or in connection with it will be governed by Victorian law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Australia.
- All notices shall be given to us, by email or by post to our addresses provided at in clause 11.18.1 and 11.18.2.
- All notices sent by email will be deemed to have been received on the day that they are sent or, if sent on a national holiday in Victoria or on a Saturday or Sunday, the next working day following the day on which the email was sent. All notices sent by post will be deemed to have been received 3 working days after the date of posting.
16. CONTACTING US
- If you would like help when ordering, information about a Product, a request for a Product or if you would just like to provide us with feedback on our service, please email us at [email protected] You can also contact us by:
- post at Yellow Octopus, Unit 12, 150 Chesterville Road, Cheltenham, Victoria 3192, Australia
- by telephoning (03) 9017 1686 between the hours of 9.00am and 6:00pm Monday to Friday.