Good2GoNow Terms and Conditions
Website terms and conditions of supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply to you any of the products (Products) listed on the website www.good2gonow.com.au (Site). Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
We suggest that you print a copy of these terms and conditions for future reference.
1. ABOUT US1.1 The Good Guys is a trademark registered by The Muir Electrical Company Pty Ltd and is used under license, ACN - 004 453 945, trading as The Good Guys, of 2-10 Hood Street Airport West Victoria 3042 (The Good Guys or “we”, “our” or “us”) have been appointed by Good Shepherd Microfinance, ACN 151 124 408, of Ground Floor, 192 – 198 High Street, Northcote Victoria 3070 (GSM) to establish and provide a home essentials buying service under the brand “Good2GoNow” (Scheme) to enable eligible clients to purchase energy efficient, essential household items with the assistance of either a No Interest Loan Scheme or a low interest loan known as a “StepUP” loan.
2. SERVICE AVAILABILITY
This site is only intended for use by eligible people resident in Australia (Serviced Country). We do not accept orders from individuals outside the Serviced Country or who are not eligible to participate in the Scheme.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1 you are eligible to participate in the Scheme or are acting on behalf of someone who is eligible;
3.2 you are legally capable of entering into binding contracts;
3.3 you are at least 18 years old; and
3.4 you are resident in Australia.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us.
4.2 We will confirm such acceptance to you by sending you an e-mail which confirms that the product is available and which confirms the total price of the Product, including delivery costs (Confirmation Email). If the Product is not available, we will email you and advise you of the status of the Product.
4.3 To finalise the order, you must reply to our email and confirm your acceptance of the cost and delivery terms (Acceptance Email). The contract between us (Contract) is only be formed when we receive the Acceptance Email and delivery to you of a tax invoice. After you send your Acceptance Email you cannot change your mind and cancel the Contract.
4.4 The Contract will relate only to those Products whose purchase we have confirmed in the Confirmation Email. Any other Products ordered by you will be confirmed in a separate Confirmation Email.
5. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery or pick up date as communicated to you by a representative of The Good Guys.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of the Products and our delivery charges will be as quoted in our Confirmation Email, except in cases of obvious error.
7.2 Product prices include GST.
7.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our confirmation procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when confirming the order to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 Payment shall be made to The Muir Electrical Company Good Guys, ACN 004 453 945 , of 2-10 Hood Street Airport West Victoria 3042 within7 days of the Confirmation Email being sent.
7.6 Please contact our Customer Care Team if you have any questions about invoicing and payment for Products.
8. RETURNS POLICY
8.1 Returning goods if they are faulty
Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If you think that there is a fault with the goods you have received, please let us know straight away by contacting our Customer Care Team. Please include as many details as possible about the order and the problem with the goods.
8.2 Returns generally
If our Customer Care Team accepts that Products can be returned, you are responsible for the costs of returning goods to us. Any Products returned are your responsibility until they reach our warehouse. Please ensure you package your return to prevent any damage to the Products or boxes. We are not responsible for any Products that are returned to us in error. We recommend you use a courier service that insures you for the value of the goods you are returning.]. Please contact The Good Guys store where the goods were purchased for further advice.
We warrant to you that any Product purchased from us through our site will, on delivery conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
10. OUR LIABILITY
10.1 Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
10.2 Subject to clause 10.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
10.2.1 loss of income or revenue;
10.2.2 loss of business;
10.2.3 loss of profits;
10.2.4 loss of anticipated savings;
10.2.5 loss of data; or
10.2.6 waste of management or time.
However, this clause 10.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories 10.2.1 to 10.2.6 inclusive of this clause 10.2.
10.3 Nothing in this agreement excludes or limits our liability for:
10.3.1 death or personal injury caused by our negligence;
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 defective products under the Competition and Consumer Act 2010; or
10.3.4 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to The Good Guys ACN 004 453 945, , of 2-10 Hood Street Airport West Victoria 3042, Australia. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 strikes, lock-outs or other industrial action;
14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5 impossibility of the use of public or private telecommunications networks; and
14.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
17.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
17.4 Nothing in this clause limits or excludes any liability for fraud.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation Email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of Victoria, Australia. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.