Terms & Conditions
Legal Capacity to Transact
If you are under the age eighteen (18) years you can not place orders with E string Bags.
By accepting of these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years.
Should E string Bags suffer any damage or other losses as a result of a transaction entered into by a minor, E string Bags reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with E string Bags.
Placing Your Order
You may place your order by filling in the order form on this website.
When you place your order, we will issue you with an order number. We will do this by email.
By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions below.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your order after payment is received we will contact you by email or telephone.
E string Bags reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Payment Methods and Processing
E string Bags accepts PayPal, Visa and MasterCard only, cheque and bank cheque.
Payment can also be made by direct deposit to our bank account. Orders paid for by direct deposit will not be processed until payment has been received. Please ensure that you include the order/ invoice number in the transaction description.
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding public holidays.
We process credit card and PayPal payments after you click the "Submit My Order" button.
For credit card and PayPal payments we will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase.
Please Note:
We will not accept credit cards issued by banks outside of Australia. Our preference in this instance is direct debit or payment via PayPal.
You may be required to provide further identification for additional security reference checks.
If your PayPal payment is funded by an echeque this may substantially delay processing your order while payment clears.
GST
All prices quoted on this website are inclusive of GST except for items that are exempt from GST. Items that include GST, and the total GST paid will be clearly marked on the invoice.
Prices
E string Bags is the manufacturer and will always seeks to list Products with the most competitive prices.
E string Bags reserves the right to change prices for Products displayed at the E string Bags website at any time.
Supply of Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your order confirmation.
When your order items have been dispatched, we will email you to confirm shipment of each item.
Refund Policy
If you find that the goods were damaged in transit or were faulty due to workmanship, please contact us within 24 hours of receiving the goods. We will organise for the return of the goods and arrange a credit towards your next purchase or send a replacement product. Customer will incur the cost of return postage and be credited the purchase price only. All other sales are final.
Delivery Charges
E string bags reserves the right to change prices for delivery at any time. Delivery charges for orders to be sent outside Australia are subject to confirmation at the time the order is placed.
Delivery Times
Please refer to: Shipping & Handling
All orders on this website are processed within 48 hours. If there are any unforeseeable delays, you will be contacted by our customer service team.
Orders will be shipped to you by Australia Post, or where more appropriate, a Courier Service of our choosing.
With Australia Post Express we recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9.00am and 5.00 pm. If no-one is present to accept delivery, the satchel may will be left at the door.
With Australia Post Registered, insurance of $100 is included, and the package must be signed for. If no-one is present to accept delivery a slip will be left in the mail box so that you can contact the relevant Australia Post Office to arrange collection of your package.
PLEASE NOTE.
- Once purchases have been dispatched, E string Bags will not except responsibility for loss or damage once the parcel/s have been delivered into Australia Post or an alternative freight forwarder.
- If you REQUIRE a fully insured postal service that must be signed for, rather than being left at your door, it is your responsibility to request this at the time of ordering. An addtional charge will be payable for this service.
With our nominated Courier Service we recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9.00am and 5.00 pm. Our couriers cannot guarantee a specific delivery date or time. If no one is present to accept the delivery a slip will be left in the mail box so that you can negotiate a suitable arrangement for final delivery or collection.
Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here.
Title and risk of loss to all products will pass to you on delivery.
Products Damaged in Transit
All orders are delivered by Australia Post or by our nominated Courier Service which is an independent courier company. Please do not ASSUME that your package will be delivered by one service or another. Unless you tell us otherwise, we will choose the most appropriate delivery option as outlined above. Please consider the information below so you are aware of your obligations in relation to delivery options.
Australia Post Express satchels are NOT insurable. It is however, a much quicker service in general. Damage, loss or theft incurred as a result of using this delivery option is at the purchasers risk.
If you REQUIRE a fully insured postal service such as Australia Post Registered that must be signed for, rather than being left at your door, it is your responsibility to request this at the time of ordering. Australia Post Registered automatically includes $100 insurance. Additional fees are payable for full insurance and person-to-person delivery options.
As stated above, if you require a fully insured service, it must be requested at the time of ordering. Our courier will endeavour to supply you with the product you have ordered from us in the condition that the goods were dispatched. However on occasion goods may be damaged in transit to you. If this occurs, please either email us or call the courier's customer service team.
Faulty Products
Estring Bags is proud to offer our customers quality products. We will endeavor to supply you with product you have ordered in good condition. However, on occasion goods that are sealed within cartons may be faulty as a result of a manufacturing defect from our suppliers. If this occurs please either email us or contact our Customer Service Team. We will supply you with a replacement product.
Limitation of Liability
Information on this website is provided 'as is' and we disclaim all representations, warranties and conditions, express or implied of any kind, including to the extent permitted by law, as to satisfactory quality or fitness for purpose.
While we make every effort to ensure that the information contained within the website is complete, accurate and current, we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any errors or omissions of any kind in the content of the website.
We reserve the right to amend or supplement the information supplied on this website without prior notice.
Links available on the website link to websites not maintained or controlled by us. We provide these links for your convenience and are not responsible for their content and do not endorse any pages linked to this website. This also applies to any links to which this website refers, whether directly or indirectly.
We shall not be liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising out of any use of our services or in connection with the use or performance of this website, or the content of this website or referred to on this website or any other website you may access through this website.
Copyright
This website and its contents are subject to copyright.
Other than for the purposes of fair dealing, criticism, review, study or research, you may not copy, print or store by electronic or any other means a part or the whole of this website or its contents.
General
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Estring Bags. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Estring Bags for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the of option Estring Bags, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Estring Bags reserves the right to change the Terms and Conditions of sale at any time.
No Estring Bags employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Force Majeure
Estring Bags shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Estring Bags, and Estring Bags shall be entitled to a reasonable extension of time for the performance of such obligations.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of NSW and shall be subject to the non-exclusive jurisdiction of the courts of NSW.
WHOLESALE - Terms and Conditions
1. Definition
1.1 “Seller” shall mean E string Bags its successors and assigns or any person acting on behalf of and with the authority of E string Bags.
1.2 “Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by the Seller to the Customer.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by the Seller to the Customer,and where the context so permits shall include any supply of Services as hereinafter defined and are as described on the quotation, invoices, work authorisation or any other forms as provided by the Seller to the Customer.
1.5 “Services” shall mean all Services supplied by the Seller to the Customer and includes any recommendations or advice.
1.6 “Price” shall mean the price payable for the Goods as agreed between the Seller and the Customer in accordance with clause 4 of this agreement.
2. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and or Territories of Australia, except to the extent permitted by those Acts where applicable.
3. Price And Payment
3.1 At the Seller’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by the Seller to the Customer in respect of Goods supplied; or
(b) the Seller’s current Price at the date of delivery of the Goods according to the Seller’s current Stock Catalogue; or
(c) the Seller’s quoted Price (subject to clause 3.2) which shall be binding upon the Seller provided that the Customer shall accept the Seller’s quotation in writing within fourteen (14) days.
3.2 The Seller reserves the right to change the Price in the event of a variation to the Seller’s quotation. Any variation from the specifications or quantity of the Goods (including, but not limited to, any variation as a result of increases to the Seller in the cost of materials and labour or fluctuations in currency exchange rates) will be charged for on the basis of the Seller’s quotation and will be shown as variations on the invoice.
3.3 At the Seller’s sole discretion a non-refundable deposit may be required.
3.4 At the Seller’s sole discretion:
(a) full balance of payment shall be due prior to dispatch of the Goods; or
(b) full payment for approved Customers shall be due thirty (30) days from invoice date, with a statement posted to the Customer’s address or address for notices.
3.5 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
3.6 Payment will be made by cheque, bank cheque, or by credit card (excluding Amex or Diners), or by direct credit, or by any other method as agreed to between the Customer and the Seller.
3.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. Acceptance
4.1 Any instructions received by the Seller from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
4.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
4.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of the Seller.
4.4 The Customer shall give the Seller not less than twenty one (21) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by the Seller as a result of the Customer’s failure to comply with this clause.
4.5 Goods are supplied by the Seller only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
5. Delivery Of Goods
5.1 At the Seller’s sole discretion delivery of the Goods shall take place when:
(a) the Customer takes possession of the Goods at the Seller’s address; or
(b) the Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by the Seller or the Seller’s nominated carrier).
5.2 At the Seller’s sole discretion the costs of delivery are in addition to the Price.
5.3 The Customer shall make all arrangements necessary to take delivery 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 the Seller shall be entitled to charge a reasonable fee for redelivery.
5.4 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
5.5 The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that:
(a) such discrepancy in quantity shall not exceed ten percent (10%) on custom printed orders; and
(b) the Price shall be adjusted pro rata to the discrepancy.
5.6 The failure of the Seller to deliver shall not entitle either party to treat this agreement as repudiated.
5.7 The Seller shall not be liable for any loss or damage whatsoever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of the Seller.
6. Risk
6.1 If the Seller retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
6.2 Where the Customer expressly requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk and it shall be the Customer’s responsibility to ensure the Goods are insured adequately or at all.
6.3 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
7. Title
7.1 The Seller and the Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid the Seller all amounts owing for the particular Goods; and
(b) the Customer has met all other obligations due by the Customer to the Seller in respect of all contracts between the Seller and the Customer.
7.2 Receipt by the Seller 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 and until then the Seller’s ownership or rights in respect of the Goods shall continue.
7.3 It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until the Seller shall have received payment and all other obligations of the Customer are met; and
(b) until such time as ownership of the Goods shall pass from the Seller to the Customer the Seller may give notice in writing to the Customer to return the Goods or any of them to the Seller. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and
(c) the Seller shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Customer fails to return the Goods to the Seller then the Seller or the Seller’s agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises as the invitee of the Customer, where the Goods are situated and take possession of the Goods; and
(e) the Customer is only a bailee of the Goods and until such time as the Seller has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Customer owes to the Seller for the Goods, on trust for the Seller; and
(f) the Customer shall not deal with the money of the Seller in any way which may be adverse to the Seller; and
(g) the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Seller; and
(h) the Seller can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer; and
(i) until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that the Seller will be the owner of the end products.
8. Defects
8.1 The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Seller has agreed in writing that the Customer is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Goods or repairing the Goods except where the Customer has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase Price of the Goods, or repair of the Goods, or replacement of the Goods.
9. Returns
9.1 Returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 8.1; and
(b) the Seller has agreed in writing to accept the return of the Goods, the Customer has agreed to pay a handling fee of ten percent (10%) of the value of the returned Goods, and all freight charges incurred by the seller in supply of the goods; and
(c) the Goods are returned at the Customer’s cost within fourteen (14) days of the delivery date; and
(d) the Seller will not be liable for Goods which have not been stored or used in a proper manner; and
(e) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
9.2 Non-stocklist items or Goods made to the Customer’s specifications are under no circumstances acceptable for credit or return.
9.3 The Seller may (at their sole discretion) accept the return of Goods for credit but this may incur a handling fee of up to ten percent (10%) of the value of the returned Goods plus any freight costs.