Terms and Conditions

 

Terms and Conditions

 

  1. Definitions
    1. "Jaggards" means Jaggards Pty Limited, its successors and assigns or any person acting on behalf of and with the authority of Jaggards Pty Limited ( ABN 15 613 822 709).
    2. "Customer" means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
    3. "Goods" means all Goods or Services supplied by Jaggards to the Customer at the Customer's request from time to time (where the context so permits the terms 'Goods' or 'Services' shall be interchangeable for the other).
    4. "Price" means the Price payable for the Goods as agreed between Jaggards and the Customer in accordance with clause 7 below.
  2. Acceptance
    1. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.
    2. These terms and conditions may only be amended with Jaggards' consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Jaggards.
    3. The Customer accepts and acknowledges that a binding contract exists between the Customer and Jaggards from the time that the Customer agrees the Price and places the buy online via the 'I accept the Terms and Conditions' check box, and the 'purchase' button. The Customer assumes all price exposure risk on the Goods from this time.
    4. A copy of the completed order confirmation and sales contract will be emailed to the Customer at the time that the contract comes into existence.
    5. When purchasing from Jaggards, the Client accepts that the Client's financial details will be passed through a secure server using the latest 128-bit SSL (Secure Sockets Layer) encryption technology. (128-bit SSL encryption is industry standard and is approximated to take a minimum of one trillion years to break).
  3. Electronic Transactions Act 2000
    1. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
  4. Online Ordering
    1. The Customer acknowledges and agrees that:
      1. Jaggards does not guarantee the website's performance or availability of any of its Goods; and
      2. on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; and
      3. prices quoted on Jaggards' website are updated live during Jaggards' normal business hours (Monday to Friday, excluding public holidays) and are indicative only until such time as a sale is confirmed; and
      4. there are inherent hazards in electronic distribution and as such Jaggards cannot warrant against delays or errors in transmitting data between the customer and Jaggards including orders. The Customer agrees that to the maximum extent permitted by law, Jaggards will not be liable for any losses which the Customer suffers as a result of online-ordering not being available or for delays or errors in transmitting orders
    2. Jaggards reserves the right to terminate the Customer's order in the event that Jaggards learns that the Customer has provided false or misleading information, interfered with other users or the administration of Jaggards' Services, or violated these terms and conditions.
  5. Customer Identification
    1. Jaggards can ask for the customer’s identification at the time of collection or before we send out any purchase made on our website.
  6. Change in Control
    1. Customer shall give Jaggards not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer's details (including but not limited to, changes in the Customer's name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by Jaggards as a result of the Customer's failure to comply with this clause.
  7. Price and Payment
    1. The Customer acknowledges that Jaggards' quoted price is subject to variations.
    2. A non-refundable deposit of ten percent (10%) via Paypal of the Price shall be required at the time of order. A surcharge of three percent (3%) of the deposit amount shall apply to all online transactions.
    3. Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by Jaggards, which may be:
      1. before delivery of the Goods;
      2. within twenty-four (24) hours of the time of the order, or on the next working day if the order is placed on a weekend;
      3. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Jaggards.
    4. The sales order number or the Customer's name must be quoted as a reference when transferring funds to Jaggards to ensure that funds are correctly allocated.
    5. Payment must be in Australian dollars (AUD) only and may be made by electronic/on-line banking, telegraphic transfer, or by any other method as agreed to between the Customer and Jaggards.
    6. Unless otherwise stated the Price does include GST. GST is not charged on gold bullion whether sold in Australia or overseas. The Customer must pay any taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
  8. Delivery of Goods
    1. Delivery ("Delivery") of the Goods is taken to occur at the time that:
      1. the Customer or the Customer's nominated carrier takes possession of the Goods at Jaggards' address; or
      2. Jaggards (or Jaggards' nominated carrier) delivers the Goods to the Customer's nominated address even if the Customer is not present at the address.
    2. At Jaggards' sole discretion the cost of delivery is in addition to the Price.
    3. The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then Jaggards shall be entitled to charge a reasonable fee for redelivery and/or storage.
    4. Wherever possible, Goods will be despatched by Jaggards the day following receipt of full payment in cleared funds.
    5. Any time or date given by Jaggards to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and Jaggards will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.
  9. Risk
    1. Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.
    2. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Jaggards is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Jaggards is sufficient evidence of Jaggards' rights to receive the insurance proceeds without the need for any person dealing with Jaggards to make further enquiries.
    3. If the Customer requests Jaggards to leave Goods outside Jaggards' premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer's sole risk.
  10. Title
    1. Jaggards and the Customer agree that ownership of the Goods shall not pass until:
      1. the Customer has paid Jaggards all amounts owing to Jaggards; and
      2. the Customer has met all of its other obligations to Jaggards.
    2. Receipt by Jaggards of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
    3. It is further agreed that:
      1. until ownership of the Goods passes to the Customer in accordance with clause 10.1 that the Customer is only a bailee of the Goods and must return the Goods to Jaggards on request.
      2. the Customer holds the benefit of the Customer's insurance of the Goods on trust for Jaggards and must pay to Jaggards the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
      3. the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for Jaggards and must pay or deliver the proceeds to Jaggards on demand.
      4. the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Jaggards and must sell, dispose of or return the resulting product to Jaggards as it so directs.
      5. the Customer irrevocably authorises Jaggards to enter any premises where Jaggards believes the Goods are kept and recover possession of the Goods.
      6. Jaggards may recover possession of any Goods in transit whether or not delivery has occurred.
      7. the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Jaggards.
      8. Jaggards may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.
  11. Personal Property Securities Act 2009 ("PPSA")
    1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
    2. Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by Jaggards to the Customer.
    3. The Customer undertakes to:
      1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Jaggards may reasonably require to;
        1. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        2. register any other document required to be registered by the PPSA; or
        3. correct a defect in a statement referred to in clause 11.3(a)(i) or 11.3(a)(ii);
      2. indemnify, and upon demand reimburse, Jaggards for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
      3. not register a financing change statement in respect of a security interest without the prior written consent of Jaggards;
      4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of Jaggards;
      5. immediately advise Jaggards of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
    4. Jaggards and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
    5. The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    6. The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    7. Unless otherwise agreed to in writing by Jaggards, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
    8. The Customer must unconditionally ratify any actions taken by Jaggards under clauses 11.3 to 11.5.
    9. Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
  12. Security and Charge
    1. In consideration of Jaggards agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether