Terms & Conditions

In these terms and conditions "we" and "us" mean Chick Pea Pty Ltd, and "you" means you the customer.

Words spelt with initial capital letters are defined terms which, for your ease of reference, are set out at the end of the terms and conditions. These terms and conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other terms and conditions will apply.

The Contract cannot be varied unless we agree to vary it in writing or by email.

Security

We guarantee that every Credit Card transaction you make at chickpea.com.au will be 100% secure.

All personal information and credit card information in the check out process is ENCRYPTED using a 128 bit secure server.

chickpea.com.au makes use of Secure Socket Layers (SSL) to encrypt all data provided by you.

We make every possible effort, given today's technology, to ensure your personal and credit card information is kept safe and private.

It is a proven fact that shopping at chickpea.com.au is safer than paying for dinner with a credit card as our order systems prevents any humans from ever seeing the payment information during the process.

All Payment information is electronically processed and protected.

Payment Options

The following describes the payment option for your chickpea.com.au purchase.

If you are still unsure about any aspects of the payment options, please do not hesitate to contact us.

On-line via Credit Card

We recommend this as the fastest & most efficient method of purchasing your goods on-line from us.

Our site is extremely safe. When transacting via our secure server, your credit card and personal details are encrypted using the latest industry standards SSL (Secure Socket Layer) 128 Bit encryption technology before being sent over the internet.

If you are still unsure about purchasing on-line using your credit card, then we suggest you choose from the payment options below to ensure you are entirely satisfied with your shopping experience.

chickpea.com.au accepts on-line payments using the following credit cards:
- VISA
- Mastercard

Chick Pea Pty Ltd will appear on your financial institution statement as the company you have paid for your products and services.

Off-line via Credit Card

If you wish to pay using your credit card, but would prefer not to pay on-line, then simply choose Phone Ordering in Payment Method section of Check out process, then continue to Check out process.

You will then need to contact chickpea.com.au on +61 2 4984 5110 to arrange for payment. You may also discuss other methods of payment such as bank transfer.

Chick Pea Pty Ltd will appear on your financial institution statement as the company you have paid for your products and services.

Money Order

If you do not have a credit card or have a card that is not accepted by chickpea.com.au, then we recommend that payment be made via Australia Post Money Order. Simply choose the "Money Order" option from the method of payment when purchasing your items, write your name and order number on the back of the Money Order and post it to the following address :

Chick Pea Pty Ltd
PO Box 109
TANILBA BAY NSW 2319
AUSTRALIA

Cheque

chickpea.com.au also accepts cheques. Please note that all cheques require a clearing period and your order will not be shipped until the cheque has been cleared. Simply choose the "Cheque" option from the method of payment when purchasing your items, write your name and Order Id (displayed on Order Confirmation Screen) on the back of the cheque and post it as follows:

Cheques should be payable to:

Chick Pea Pty Ltd
 

And post to:

PO Box 109
TANILBA BAY  NSW 2319
AUSTRALIA

Colours

Colours of items displayed on your monitor may vary from the true natural colour of the fabric. While all efforts are made to provide you with accurate colour descriptions there may be a variety of reasons why there are colour inconsistencies, for example due to different dye lots.

Placing Your Order

You may place an Order by filling in the Order Form on the chickpea.com.au Web Site and clicking the "Submit Order" button.

Information contained on the chickpea.com.au Web Site constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products.

Supply of Your Products

Subject to the terms and conditions, we will supply to you the Products indicated on your Order.

When your Order has been shipped, the shipment information will be available on the Web for you. In order to view this information, you must provide chickpea.com.au with a user name and password. This user name and password will be your access key to all your current and past orders history.

Pricing

The price payable by you for the Products will be indicated on your Order Confirmation and is inclusive of goods and services tax as per rates established by the Australian Government. All prices are in Australian dollars.

All pricing is subject to change. For all prices, products and offers, Chick Pea Pty Ltd reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

Your Invoice

We will post your Invoice to you at the billing address indicated on your Order when we ship your Products to you. Your Invoice will be your proof of purchase.

If you are paying by credit card, Chick Pea Pty Ltd will appear on your financial institution statement as the company you have paid for your products and services.

Delivery of Your Products

Unless otherwise agreed by us, we will deliver your Products to the delivery address indicated on your Order.

If no-one is available to take delivery of your Products, our carrier will leave a card requesting you to telephone and arrange a suitable time and date for delivery.

Orders with free delivery will not ship until all items on the order are available for delivery, Chick Pea Pty Ltd are happy to discuss payment options to part ship orders.

We will use our reasonable endeavours to deliver your Products to you within 5 working days of the date of receiving payment, however, we do not guarantee that we will deliver within this time frame.

If we are unable to deliver your Products to you within 14 days of receiving your payment, you will have the option to cancel your Order and you will be refunded immediately.

Telephone:
+61 2 4984 5110

Address:
Chick Pea Pty Ltd
PO Box 109
TANILBA BAY  NSW 2319
AUSTRALIA

Insurance

Your products are insured against loss while in transit to you.

If you receive the product in poor packaging condition, you have the right to refuse acceptance. Once goods are received and accepted, no claims will be accepted as damaged by Chick Pea Pty Ltd.

Your Right to Return the Products

Please note that chickpea.com.au only permits the return of unopened products due to a chickpea.com.au shipping or order processing error and that all other sales are final.

Before returning any Product subject to the clause above, you must telephone us on +61 2 4984 5110 between 8.30am and 5.30pm (EST) Mondays to Fridays, excluding public holidays, to make arrangements for return of the Product. You must return the Product in its original packaging. We will then refund the price paid for the Product you have returned upon receipt of product by chickpea.com.au

Our Liability

These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products and performance of the Services and there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract. Any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.

Notwithstanding above conditions, nothing in the Contract excludes, restricts or modifies any condition, warranty, right or liability implied into this Contract (including any condition, warranty, right or liability imposed by the Trade Practices Act 1974) where to do so is illegal or would render any provision of this Contract void.

Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence.

Subject to Conditions above, we will not be liable under the Contract 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.

Contacting Chick Pea Pty Ltd

Feel free to send us an email if you have any questions about any related product you are interested in, or if you are having problems using our website. We take our customer feedback very seriously, so we appreciate your comments.

You can contact us:

by email

Sales Questions: sales@chickpea.com.au
General Enquiries & Comments: info@chickpea.com.au

or via our 'Contact Form' - click here.

Or via the following:

by post

Chick Pea Pty Ltd
PO Box 109
TANILBA BAY  NSW 2319112
AUSTRALIA

by telephone
+61 2 4984 5110

by fax
+61 2 4984 5112

When contacting us you must quote your Order ID.

General

The Contract will be governed by the law of New South Wales. Both we and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.

The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.

Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.

We will not be liable for any loss or damage suffered or incurred by you arising from our delay in fulfilling or failure to fulfil or otherwise discharge any of our obligations under the Contract, to the extent that such delay or failure is caused by any circumstance beyond our reasonable control.

Use of online services

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Web Site or a Linked Web Site. You must take your own precautions to ensure that whatever you select for your use from this Web Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the Web Site will be uninterrupted or error free or that any defects will be corrected.

We may, from time to time, change or add to this Web Site (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this Web Site updated. We are not liable to you or anyone else if errors occur in the information on this Web Site or if that information is not up-to-date.
Under no circumstances (including but not limited to any act or omission on the part of Chick Pea Pty Ltd) will Chick Pea Pty Ltd be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Web Site.

Resale of goods

You must not with out the permission of an authorised and lawful Chick Pea Pty Ltd representative engage in the business of re-selling, distributing and/or supplying to any third party, whether through a web site or any other means, any Product/s that you have purchased from Chick Pea Pty Ltd or its subsidiaries pursuant to an Agreement; and represent yourself as Chick Pea Pty Ltd or as an agent or sub-contractor of Chick Pea Pty Ltd, by making any unauthorised use of any trade mark and/or copyrights owned by Chick Pea Pty Ltd or by any other means.

Fraudulent credit card usage

Chick Pea Pty Ltd shall not be held liable nor in any way responsible for fraudulent credit card usage on our website resulting in the subsequent payment and delivery products. Chick Pea Pty Ltd will not be liable for refund of monies, in part or full, should a purchase be made by persons illegally.

Defined Terms

In these terms and conditions:

"Accessory" means any ancillary Product;

"chickpea.com.au Web Site" means the web site owned and operated by Chick Pea Pty Ltd ABN 671 1370 9470 for customers in Australia and overseas at www.chickpea.com.au

"Warranty" means manufacturer's standard warranty.

"Condition" means a condition contained in these terms and conditions;

"Contract" means these terms and conditions together with your Order;

"Invoice" means the invoice issued by us to you showing the price of the Products and which is your proof of purchase;

"Order" means an order placed by you in accordance with these terms and conditions;

"Order Confirmation" means the order confirmation issued by us to you indicating receipt of your Order;

"Product" means any product listed on the chickpea.com.au Web Site which we agree to supply to you on these terms and conditions;

"Services" means any services relating to Products (including without limitation warranty and telephone support services) that we agree to supply to you on these terms and conditions;

"Order ID" means the order Id issued by us to you;

"DOA" means any product which fails to fully operate within 7 days of receipt of the product.

The Contract will be governed by the law of New South Wales. Both we and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.