Terms and Conditions

Terms

This page sets out the terms and conditions on which we supply products (‘Products’) listed on our website www.hokuspokus.com.au (‘Website’) to you. These terms and conditions also apply to phone orders or direct sales of Products. Please read these terms and conditions carefully before ordering any Products.

In this policy ‘we’, ‘us’, ‘our’ and ‘Hokus Pokus Australia’ refers to CB Imports Pty Ltd (ACN 607 858 453) trading as Hokus Pokus Australia.

By using this Website, you accept these terms and conditions together with our Privacy Policy, Shipping and Delivery, Returns Policy and General Information pages. If you do not accept these terms and conditions, please do not use this Website.

You can access these terms and conditions at any time from the bottom of any page of the Website.

No variation to the below will be held valid unless expressly agreed in writing by us

1. Sales
1.a By placing an order through our Website, you warrant that:

      1. You are legally capable of entering into binding contracts; and
      2. You are at least 18 years old; and
      3. All details you provide to us are true and accurate.

1.b Products displayed on our Website can be purchased using a secure online transaction facility (www.paypal.com or its localised equivalent). Customers can be confident that all of their details are used only for purpose of completing the transaction to purchase the Products ordered. This Website uses SSL technology to help keep your information safe.

1.c We will endeavour to deliver your Products within a reasonable time from the date of payment received. Products will usually be despatched within 2 business days of receiving payment, unless Product is temporarily out of stock. Once your order has been despatched by us, delivery time is dependent on our nominated carrier.

1.d We provide no guarantee as to the continued availability of any Product and will not be liable to you should any product be out of stock or discontinued at any time.

1.e Please inspect all Products received at time of delivery. If you believe Products have been damaged in transit, you must notify us within 48 hours of receipt of goods. If you do not notify us within this time, the Products will be assumed to have been delivered in good condition, waiving any claims of any damage that may have occurred in transit.

1.f If a Product is deemed to be damaged or defective, we will replace the Product at no cost to you, providing appropriate notice is given (ref. ‘1.e’).

1.g Payments will be made to CB Imports Pty Ltd.  Your credit card statement may show the payment as being made to either CB Imports Pty Ltd or HOUKUSPOKUS.

1.h Shipping will be mde by the nominated carrier at checkout. Where free shipping is selected we will choose the delivery method deemed most appropriate. Authority to leave at your nominated delivery address will be automatically granted to the appropriate carrier unless you express otherwise during the checkout process.

2. Pricing and Product Availability 
2.a We exercise great care to avoid errors in pricing and Product information. If mistakes do occur, we reserve the right to correct them. We apologise in advance for any inconvenience this may cause.

2.b We take great care to provide accurate stock numbers on our Website, although occasionally we may be unable to supply a Product that has been ordered. Hokus Pokus Australia will communicate any issues with you as a result of unavailability and we will credit without delay any payments made for such Products.

2.c All prices on our Website are in Australian Dollars (AUD). These prices exclude delivery costs which will be calculated based on the weight of your order at checkout.

2.d Prices are subject to change for any reason at any time without notice, but changes will not affect orders which we have already processed.

3. Returns
3.a You may return a Product within 30 days of purchase for a credit note for the full amount of purchase (less delivery charge), providing the item is returned unused in its original condition complete with packaging (at your expense). We will inspect the returned product and then if no fault is found issue a credit note within 14 days.

3.b Returns will only be accepted if accompanied by our Returns Form. This form can be obtained by emailing sales{@}hokuspokus.com.au

3.c If the returned product is found to have been assembled/used a deduction of the cost to repair/replace the damaged/used components will be applied to the final refund price.

3.d Refunds will only be issued to the extent required by the Trade Practices Act 1974 (Cth) and the respective state Sale of Goods Act legislation.

4. Australian Statutory Compliance
4.a Hokus Pokus Australia understands its obligations under the Australian Consumer Law.  All guarantees and warranties applicable under the Australian Consumer Law continue to apply regardless of these terms.  For more information about customers rights, please see the Australian Consumer Law website – www.consumerlaw.gov.au.

4.b In the event that our Products are not of acceptable quality or are otherwise faulty, we will resolve the concern by providing replacement part(s) and/or Products, or by refunding your purchase price.

4.c Hokus Pokus Australia also strives to ensure that our customers are not misled, either intentionally or unintentionally.

5. Our Liability
5.a We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

5.b We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

6. Copyright 
6.a Hokus Pokus Australia is the owner of the copyright and other intellectual property rights in the material contained on our Website, or is permitted by the owner of such intellectual property to use this material. Any use of the materials on this Website, including reproduction for any purposes, modification, distribution, or republication, without prior written permission of Hokus Pokus Australia is strictly prohibited.

6.b All images and photographs on the Website may not be copied, reproduced or edited in any form without prior written (including email) approval from Hokus Pokus Australia.

7. Intellectual Property 
7.a All intellectual property on our Website, including without limitation, the text, graphics and all copyright works (including all copyright and design rights in our Products) is owned by Hokus Pokus Australia (or our relevant content supplier).

8. Privacy
8.aWe respect your privacy. We use personal information solely to fulfil orders, for feedback purposes, to process transactions or to contact you about our products or services. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail.

8.b By using our Website and/or providing information to us, you consent to the collection, storage, use and disclosure of your personal information in accordance with our Privacy Policy.

8.c You may request a copy of our privacy policy by sending an email to info{@}hokuspokus.com.au.

9. Third Party Websites 
9.a This site contains links to third party websites. These websites have not been prepared by and are not controlled by Hokus Pokus Australia and have been linked for your convenience only. We make no representations as to the accuracy of the material therein, and are not responsible for the content and conduct of these sites.

10. General
10.a Our Website provides general information about Hokus Pokus Australia and the Products and services we offer. The information contained in this Website has been prepared solely for the purpose of providing information about Hokus Pokus Australia and the services and Products we offer.

10.b Hokus Pokus Australia reserves the right to change, delete or move any of the material on this Website at any time without notice.

10.c Hokus Pokus Australia shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access this Website. This includes viruses alleged to have been obtained from this Website, your use of or reliance on this Website or any of the information or materials available on this Website, regardless of the type of claim or the nature of the cause of action.

10.d By your use of this Website, you agree that you are using this Website solely at your own risk.

10.e Images displayed on our Website are for display purposes only and may not reflect the Products and colours we have available for sale.  All care is taken to ensure the accuracy of our product images however sometimes these may differ from the Products you receive.

10.f Hokus Pokus Australia has the right to revise and amend these terms and conditions at any time.

10.g We reserve the right to refuse access to our site, terminate accounts, remove or edit content and cancel orders at our discretion. If we cancel an order, it will be without charge to you. This includes the right to cancel any orders for Products that have been erroneously described and/or priced. We are not responsible for typographical, technical, or descriptive errors.

11. Governing Law 
11.a These terms and conditions are governed by and interpreted according to the laws of Australia.