TERMS AND CONDITIONS – PACIFIC ELITE DANCE – MERCHANDISE SALE VIA TRYBOOKING.COM
1. DEFINITIONS
The following definitions are used in these Terms and Conditions.
Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means Mulgrave or Notting Hill studio.
Delivery Fee means the fees charged by Pacific Elite Dance for the delivery of Goods (if any).
Goods means the items offered for sale which are described or displayed.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods via TryBooking.com.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on Trybooking.com in Australian dollars (for the avoidance of doubt, in Australia, the specified price includes GST).
Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.
Terms and Conditions means these terms and conditions governing the Purchase and any activities and transactions occurring via TryBooking, including Terms and Conditions for the Sale of Goods.
We or us means Pacific Elite Dance Pty Ltd, ABN 29 672 150 499.
Website means Trybooking.com
You or your means you as the user, including as a purchaser of Goods.

SPECIFIC TERMS AND CONDITIONS FOR THE SALE OF GOODS
2. COMPLIANCE WITH TERMS AND CONDITIONS
2.1 You agree to be bound by the Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and Pacific Elite Dance with respect to the supply of Goods, in accordance with these Terms and Conditions.

3. PLACING ORDERS FOR GOODS
3.1. You may place an Order via TryBooking.com by submitting the electronic Order form.
3.2. An Order submitted by you on TryBooking.com in the manner described in clause 3.1 is an offer by you to purchase Goods for the Price (which for the avoidance of doubt, includes GST for deliveries to Australia) plus any Delivery Fee (if any) as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.
3.3. You acknowledge that all Orders through TryBooking.com are with respect to Goods intended for personal and domestic, non-commercial use only and quantity restrictions may apply.
3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details to enable the processing and delivery of your Order. We will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, we are under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to us.
3.5. You may Order from TryBooking.com if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.6. You must check your Order carefully prior to submitting your Order. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law.
3.7. Where you place consecutive or separate Orders for Goods, we may not consolidate the Orders into one. A separate Delivery Fee may apply to each Order in accordance with clause 7. Subject to clause 3.3, you can order as many Goods as you would like in an Order.
3.8 In submitting an Order you represent and warrant to us that:
• you are over the age of 18;
• you have read and agree to these Terms and Conditions; and
• you have complied with all applicable Laws.

4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 We reserve the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it represents an agreement by us to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email wherever possible. We will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within twenty (20) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. We are not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.

5. AVAILABILITY OF GOODS
5.1. You acknowledge and agree that from time to time, some Goods on TryBooking.com may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, we will use reasonable endeavours to contact you to arrange a full or partial refund. We will use reasonable endeavours to process the refund. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. We are not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2. We reserve the right to withdraw or suspend any Good displayed on TryBooking.com from sale either temporarily or permanently at any time without notice to you. We will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3. Where your Order is affected by an error on TryBooking.com (for example, in relation to a description of Goods, an image, Price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, we will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions.
5.4 You acknowledge and agree that:
• all pictures and images of Goods displayed on TryBooking.com (if any) or through any other catalogue, handbook or similar, are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
• you have read any corresponding written description of the Goods prior to submitting your Order;
• the colour of Goods as shown on Trybooking.com (if any) or through any other catalogue, handbook or similar, may vary slightly in shade in real life;
• where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
• any accessory featured with the Goods is for illustration purposes only.

6. PRICE AND PAYMENT
6.1 The Price in respect of a Good is specified on Trybooking.com and is dependent on the delivery address nominated (if applicable).
6.2 Prices are displayed in Australian Dollars. The Price includes Australian GST (currently 10%).
6.3 You will be charged the Price in Australian Dollars regardless of your delivery location. Any currency conversion fees or rates used to determine the amount you pay for the Goods is determined by your credit card or finance provider. We are not liable for any difference between the Price quoted on the site and the actual amount charged to you for the Goods as determined by the fees and conversion rate used by your credit card or finance provider. A change of conversion rates may also result in a refund being converted to a different amount than that which was charged to you. This is out of our control and the amount charged and refunded will be the Australian Dollar Price.
6.4 We reserve the right to change or alter Prices of Goods on Trybooking.com without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply).
6.5 In respect of any Order, we will charge you and you agree to pay to us:
• the Price (which is the Price at the time the Order is submitted in Australian Dollars); and
• the Delivery Fee (if any).
6.6 You can pay for your Goods by any of the methods specified on the electronic Order form on TryBooking.com from time to time.
6.7 You acknowledge and agree that any payment in respect of an Order must be cleared by us before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
6.8 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

7. DELIVERY
7.1 All deliveries will be done on either Mulgrave or Notting Hill studio.
7.2 You acknowledge and agree that notwithstanding anything else stated on the Trybooking.com:
• We cannot guarantee that delivery will occur in the stated delivery time frames;
• delivery time frames may change from time to time due to unforeseen circumstances; and
• except where required by applicable law, we are not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.

8. RISK AND TITLE
8.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods.

9. ORDER CANCELLATIONS AND RETURNS
9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us.
9.2. Goods cannot be returned under these Terms and Conditions (in particular, this clause 9). Therefore, you should carefully check that your Order is accurate before you submit it to us.
9.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you (and any applicable Delivery Fee) in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within twenty (20) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. We are not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

10. LIMITATION OF PACIFIC ELITE DANCE LIABILITY
10.1 Subject to any non-excludable liability (including under consumer laws), and the express provisions of these Terms and Conditions, we will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury, in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through TryBooking.com, or resulting from use of goods or services supplied to you, or on your behalf, through TryBooking.com.
10.2 Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of us in connection with goods or services supplied to you will, at the election of us, be limited to:
• In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
• In relation to services, the supply of the services again or the payment of the cost of having the services supplied again. The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in Australia, under the Australian Consumer Law).

11. INDEMNITY
11.1 You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.

12. PRIVACY
12.1 Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order and improving our order process.
12.2 You represent and warrant to us that all information (including Personal Information) and data provided by you to us through the TryBooking.com is true, accurate, complete and up to date.

13. GENERAL
13.1 These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia, Victoria Registry) and waive any right to object to any proceedings being brought in those courts. In any purchase of Goods, your transaction is deemed to have taken place in Mulgrave, Victoria.
13.2 Only you and us shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.
13.3 We reserve the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the TryBooking.com. The Terms and Conditions which apply at the time of Order are those that govern your relationship with us with respect to that Order.

TryBooking is an online system for organisations and community groups that has been designed to look after the entire event ticketing and registration needs.

All issues relating to the sale of tickets and the hosting of their associated event(s) are the responsibility of the “Event Organiser” and not that of TryBooking Pty Ltd (Australian Business Number 71126987915).

Please visit https://www.trybooking.com/info/customer-terms-and-conditions for our terms and conditions.