Terms and Conditions

About these Terms and Conditions

In these Terms and Conditions "we" and "us" mean Belanca Pty Ltd trading as A.Sparrow - ABN: 77096361394 and "you" and "your" means you the Customer. These Terms and Conditions together with your order constitute the entire Contract between us and you for the supply of Services and Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email prior to the event.

Legal Capacity to Transact

If you are under the age eighteen (18) years you cannot place orders with A.Sparrow. By accepting 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 A.Sparrow suffer any damage or other losses as a result of a transaction entered into by a minor, A.Sparrow 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 A.Sparrow.

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. We will confirm acceptance of your order when we send you an email confirming the services or goods that you have ordered. If we cannot process or accept your order after payment is received we will contact you by email or telephone. A.Sparrow reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

Payment Methods and Processing

A.Sparrow accepts payment methods indicated on our Checkout page. Orders placed on a weekend or a public holiday will not begin processing until the next business day. Business days are Monday through Friday, excluding Queensland 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.

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

A.Sparrow reserves the right to change prices for Products displayed at the A.Sparrow website at any time.

Supply of Products and Services

Subject to these Terms and Conditions, we will supply to you the Services and Products indicated on your order confirmation. By using our service, you acknowledge and accept the following Terms and Conditions.

Delivery

Once Products have been dispatched, we cannot be held responsible for items lost. With our nominated delivery service we recommend that your nominated delivery address is one where someone is present to accept your delivery. Our Delivery Service cannot guarantee a specific delivery date or time.  Although every effort is made to ship your Products and Services 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 and Services have not arrived after the estimated delivery time, please contact us. Title and risk of loss to all products will pass to you on delivery.  

Faulty Products

A.Sparrow is proud to offer our customers quality Products. We will aim to supply you with Products you have ordered.

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. 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 A.Sparrow. 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 A.Sparrow 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 option A.Sparrow, to the replacement of the Products and Services or the re-supply of the same Products and Services by way of payment of the cost of replacing the Products and Services or of acquiring equivalent Products and Services. 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. A.Sparrow reserves the right to change the Terms and Conditions of sale at any time. No A.Sparrow employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Force Majeure

A.Sparrow 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 A.Sparrow, and A.Sparrow 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 Queensland, Australia and shall be subject to the non-exclusive jurisdiction of the courts of Queensland, Australia.