Terms & Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Cooling-off period: the period in which the consumer may exercise their right of withdrawal.
Consumer: a natural person not acting in the course of a profession or business who enters into a distance contract with the trader.
Day: a calendar day.
Ongoing contract: a distance agreement concerning a series of products and/or services, with obligations for delivery and/or acceptance spread over time.
Durable data carrier: any tool that enables the consumer or trader to store information directed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period.
Trader: a natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: an agreement concluded within the framework of an organised distance sales or service provision scheme without physical presence, using only one or more means of distance communication.
Means of distance communication: any method that can be used to conclude a contract without the simultaneous physical presence of consumer and trader.
General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Trader Identity
Company name: Hammonds
Email: support@Hammonds-Aus.com

Article 3 – Applicability
These General Terms and Conditions apply to every offer from the trader and to every distance contract and order made between the trader and the consumer.

Before concluding a distance contract, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate how the terms can be viewed and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the terms may also be provided electronically in a way that allows the consumer to store them on a durable data carrier. If that is not reasonably possible, the consumer will be informed where the terms can be accessed electronically and that they will be sent free of charge upon request.

If specific product or service conditions apply alongside these General Terms and Conditions, the consumer may always rely on the provision most favourable to them in the event of a conflict.

If any provision of these terms is found to be invalid or void, the remaining provisions remain in force, and the invalid one will be replaced with a valid provision that closely reflects its intent.

Situations not covered by these terms must be interpreted in the spirit of the document.
Uncertainties regarding the content or interpretation of these terms must also be interpreted in this manner.

Article 4 – The Offer
If an offer has a limited duration or is subject to conditions, this will be clearly stated.

All offers are non-binding. The trader reserves the right to modify or change the offer.

The offer includes a clear and accurate description of the products and/or services offered. Images used are true representations, though minor differences in colours may occur.
Obvious errors or mistakes in the offer do not bind the trader.

All images and data are indicative only and may not be grounds for compensation or cancellation of the contract.

Every offer includes information on:

The price, excluding customs clearance costs and import VAT, which are the customer's responsibility. The postal or courier service may apply the special scheme for postal and courier services if the goods are imported into an EU destination country. In this case, the service provider collects VAT and any applicable clearance fees from the recipient.
Shipping costs, if applicable.
How the agreement will be concluded and the steps required.
Whether the right of withdrawal applies.
Payment, delivery, and fulfilment methods.
The period for accepting the offer, or how long the price is guaranteed.
The cost of remote communication if different from the basic rate.
Whether the contract will be archived after conclusion, and if so, how it can be accessed.
How the consumer can verify and, if needed, correct their submitted details.
Available languages for concluding the agreement.
Codes of conduct the trader adheres to and how the consumer can access them.
The minimum duration of the distance contract in the case of an ongoing contract.
Optional: available sizes, colours, materials.

Article 5 – The Agreement
The contract is established at the moment the consumer accepts the offer and meets any conditions.

If accepted electronically, the trader will promptly confirm receipt via electronic means. Until confirmation is received, the consumer may cancel the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure data transfer and ensure a secure online environment. For electronic payments, the trader will use suitable security systems.

The trader may assess whether the consumer can meet their payment obligations and investigate relevant facts for responsibly entering into a contract. If there is reason to decline based on this check, the trader may reject an order or attach special conditions.

With the product or service, the trader will provide the consumer, in writing or electronically, with:

The trader’s physical address for complaints.
Information on how and under what conditions the right of withdrawal may be exercised, or a notice if it is excluded.
Warranty and after-sales service details.
The information referred to in Article 4, unless already provided.
Conditions for termination if the contract is ongoing or of indefinite duration.

For ongoing contracts, only the first delivery is subject to these obligations.

All agreements are subject to the availability of the relevant products.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 14 days. This cooling-off period begins the day after the consumer, or a third party designated by the consumer and notified to the trader, receives the product.

During the cooling-off period, the consumer must handle the product and its packaging with care. They should only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product, along with all delivered accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. Notification must be in writing, for example, via email. Once the consumer has indicated their intention to withdraw, they must return the product within 14 days. The consumer must be able to demonstrate that the product was returned in time, for example by providing proof of postage.

If the consumer has not notified the trader of their wish to withdraw within the specified time, or has not returned the product within the return period, the purchase is considered final.

Article 7 – Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, they are responsible for the cost of returning the product.

If the consumer has made a payment, the trader will refund the amount as soon as possible, and no later than 14 days after the withdrawal. However, the refund may be withheld until the trader has received the product or the consumer provides conclusive proof of return.

Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer's right of withdrawal for certain products or services as outlined in clauses 2 and 3. This exclusion is only valid if it was clearly stated in the offer or communicated before the agreement was concluded.

Exclusion of the right of withdrawal is only possible for products:

made to the consumer’s specifications;
that are clearly personal in nature;
that, by their nature, cannot be returned;
that are perishable or have a limited shelf life;
whose price depends on fluctuations in the financial market beyond the trader’s control;
that are single issues of newspapers or magazines;
that are audio or video recordings or computer software with broken seals;
that are hygiene-sensitive and have had their seal broken.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant or leisure activities to be carried out on a specific date or during a specified period;
where delivery has begun with the consumer’s explicit consent before the cooling-off period ended;
involving betting and lotteries.

Article 9 – Pricing
During the validity period indicated in the offer, the prices of the products and/or services will not be increased, except in the case of changes in VAT rates.

Contrary to the previous paragraph, the trader may offer variable prices for products or services whose prices are subject to fluctuations in the financial market and beyond the trader’s control. The dependency on market fluctuations and the indicative nature of listed prices will be stated in the offer.

Price increases within three months of concluding the agreement are only allowed if they are the result of statutory regulations or provisions.

Price increases after three months are only permitted if:

they result from statutory regulations or provisions; or
the consumer has the right to terminate the contract from the day the price increase takes effect.

Under Article 5(1) of the Australian Turnover Tax Act 1968, the place of delivery is where transportation begins. In this case, the delivery occurs outside the EU. Accordingly, the postal or courier service will charge the customer import VAT and/or customs clearance fees. The trader will not charge VAT.

All prices are subject to printing and typographical errors. The trader accepts no liability for such errors and is not obligated to deliver products at an incorrect price.

Article 10 – Conformity and Warranty
The trader guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, the reasonable standards of soundness and/or usability, and any applicable statutory requirements and/or government regulations in effect at the time the agreement is made. Where agreed, the trader also guarantees that the product is suitable for use beyond normal purposes.

Any additional warranty provided by the trader, manufacturer or importer does not affect the consumer’s legal rights under the agreement.

Any defects or incorrect deliveries must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The warranty period provided by the trader corresponds to the manufacturer’s warranty period. However, the trader is never liable for the ultimate suitability of the products for each individual purpose, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or altered the products themselves or had them repaired/altered by a third party;
The products were exposed to abnormal conditions or were otherwise handled carelessly or contrary to the trader’s or packaging instructions;
The defect is wholly or partly the result of government regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance
The trader will exercise the utmost care when receiving and fulfilling orders for products.

The place of delivery shall be the address provided by the consumer to the business.

Subject to the provisions of Article 4 of these terms and conditions, the trader will process accepted orders promptly, and no later than within 30 days, unless a longer delivery period has been agreed upon with the consumer. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order.

In such cases, the consumer has the right to cancel the contract at no cost and may be entitled to compensation.

In the event of cancellation in accordance with the previous clause, the trader will refund any amounts paid by the consumer as soon as possible, and no later than 14 days after the cancellation.

If delivery of a product proves to be impossible, the trader will make every effort to provide a suitable replacement item. The consumer will be clearly and understandably informed, at the latest upon delivery, that a replacement item is being supplied. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment in this case will be borne by the trader.

The risk of damage to or loss of products remains with the trader until the moment of delivery to the consumer or a third party previously designated by the consumer and made known to the trader, unless expressly agreed otherwise.

Article 12 – Ongoing Contracts: Duration, Termination and Renewal

Termination
The consumer may terminate an agreement entered into for an indefinite period, which involves the regular supply of products (including electricity) or services, at any time with due observance of the agreed notice period, which shall not exceed one month.

The consumer may terminate a fixed-term agreement, which involves the regular supply of products (including electricity) or services, at the end of the agreed period, with due observance of a notice period not exceeding one month.

The consumer may, in relation to the aforementioned agreements:

terminate at any time and not be restricted to termination at a specific time or during a specific period;
terminate using the same method used to enter into the agreement;
always terminate with the same notice period the trader has stipulated for itself.

Renewal
A fixed-term contract for the regular supply of products or services may not be automatically extended or renewed for a fixed period.

Notwithstanding the previous clause, a fixed-term contract for the regular delivery of daily, news or weekly newspapers and magazines may be automatically renewed for a maximum duration of three months, provided the consumer may terminate this extended contract at the end of the extension with a notice period of no more than one month.

A fixed-term contract for the regular supply of products or services may only be automatically renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month—or no more than three months in cases involving the regular, but less than monthly, delivery of newspapers or magazines.

A fixed-term introductory contract for the regular delivery of newspapers or magazines (trial or introductory subscription) will not be automatically renewed and ends automatically after the trial or introductory period.

Duration
If a contract has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless it would be unreasonable to terminate before the agreed duration ends.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the withdrawal period as defined in Article 6(1). In the case of a service agreement, this period begins after the consumer receives confirmation of the agreement.

The consumer has a duty to promptly report any inaccuracies in payment details provided or stated to the trader.

In the event of non-payment by the consumer, and subject to statutory limitations, the trader has the right to charge the consumer reasonable costs previously made known to them.

Article 14 – Complaints Procedure
Complaints concerning the execution of the contract must be submitted to the trader in full and clearly described within 7 days after the consumer has identified the defect.

Complaints submitted to the trader will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the applicable dispute resolution process.

Filing a complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be valid by the trader, the trader will, at their discretion, either replace or repair the delivered product free of charge.

Article 15 – Disputes
Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Australian law, even if the consumer resides outside Australia.

Article 16 – CESOP
Due to regulatory changes effective from 2024 concerning the “Amendment of the Turnover Tax Act 1968 (Act for the implementation of the Payment Services Directive)” and the corresponding implementation of the Payment Times Reporting Scheme Information (PTRS), payment service providers may register data in the Australian PTRS system.