• Courts Fiji (“Courts” or “seller”) agrees to sell and the Customer agrees to buy the goods ordered through Courts Fiji | online shop Website.
Your Acceptance of These Terms & Conditions
• By using the Courts Fiji Website, you are deemed to accept the “Terms and Conditions” of sale. If you are NOT able to agree with any aspect of this policy, please do not use the Courts Fiji Website.
• All prices are given in Fiji Dollars.
• The purchase price is for goods supplied and packed, and is exclusive of installation and maintenance.
• All prices are exclusive of delivery handling charges.
• The information provided by this website is subject to change without notice. While every effort has been made to ensure accuracy, Courts Fiji will not be liable for any inaccuracies in the information contained herein.
• You are bound to pay us the price once we accept your order. A quotation does not give rise to a binding contract until you place an order, which we subsequently accept.
• Payments will be through Credit Card Transaction.
• You cannot withhold payment or make any deductions from any amount you owe us without prior written consent from Courts Fiji.
• All Prices are VAT inclusive.
• Where we agree to transport the goods to a specified place, we will deliver, or arrange delivery of the goods to that place. Except where otherwise agreed, you will pay for all resulting transportation costs.
• If no place of delivery is specified, delivery shall take place at the time when the goods are made available for dispatch at our premises.
• Any time stated for delivery is an estimate only. No claim shall be made by you on account of late delivery however caused.
• All delivery charges shall be at your cost unless otherwise agreed and stated.
Risk and Ownership
• Risk of any loss, damage or deterioration of or to the goods passes to you on delivery.
• Ownership of the goods remains with us and does not pass to you until you pay all amounts you owe to us or resell the goods in accordance with these terms.
• We can bring an action for the price of the goods sold even where ownership of the goods may not have passed to you.
Where the Sale of Goods Act 1985 [Cap 230] (“the Act”) applies:
• If the goods are acquired by you for Business Purposes you agree that the Act does not apply.
• If you on-supply goods you must:
– notify consumers that neither we nor any manufacturer undertake that repair facilities or spare parts will be available.
– you acknowledge that no express warranties or conditions (as defined in the Act) are or are to be provided.
• Except as otherwise required or prevented by law or except as expressly provided under these terms and subject to providing proof as required, we are not liable for any claim in relation to any goods we supply to you (including as a result of negligence or otherwise) and all representations, guarantees, warranties and terms of whatever nature are completely excluded.
• If there is any disputes with regard to the goods then section 55 of the Sale of Goods Act would be applicable
Use of Information
• You agree that we may obtain information about you from you or any other person (including any credit or debt collection agencies) in the course of our business and you consent to any person providing us with such information.
• You agree that we may give any information we have about you relating to your credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.
• You must notify us of any change in circumstances that may affect the accuracy of the information you provided to us.
• If you are an individual, i.e. a natural person, you have rights under the Privacy Act 1993 to access and request the correction of any personal information we hold about you.
• We shall not be liable for any delays or failure in complying with any obligation imposed on us under any contract or for any loss or damage (including indirect or consequential loss of profits, data or damage) as claimed by you.
• Should any liability in relation to this agreement (or the goods supplied under this agreement) be imposed on Courts Fiji for any reason, our total liability to you is limited to the price of those goods and services supplied by us to which the liability relates. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.
• If we are unable to provide our obligations under the terms of this agreement by reason of strike, lock-out, riot, industrial action, fire, storm, operation of law or other cause beyond our control, then we are released from our obligations under this agreement.
Description of Products
• Modifications and improvements to the products are constantly being made. Also, the seller relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on the seller.
Pictures and Images
• Courts (Fiji) Limited aims to include up-to-date images of the goods on this web site. However, our images of the goods may differ from the actual goods. We recommend you read the labels on the goods carefully before opening and/or using the goods.
• The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labor dispute, civil commotion, intervention of a government, inability to obtain labor, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller’s control.
Errors or Omissions
• The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller’s administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify they buyer promptly of any error or omission discovered by the seller to settle the difference.
• Where products are listed on the seller’s website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.
• You hereby indemnify and will keep Courts Fiji indemnified against all obligations and liabilities incurred by an act or omission by you in relation to this agreement.
• If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the contract must be specified in writing by us and signed by an authorized person.
• This contract and its terms are governed by, and shall be construed in accordance with, the laws of Fiji. Both parties submit to the exclusive jurisdiction of the courts of Fiji.
Changes to these Terms & Conditions
• The seller reserves the right to change these Terms & Conditions from time to time by publishing the changed Terms & Conditions on the seller’s website. When revised Terms & Conditions are published on this website, all orders submitted by the buyer after the revised Terms & Conditions are published shall be subject to the revised Terms & Conditions.