This website is operated by ULTIMART. Throughout the site, the terms “we”, “us” and “our” refer to ULTIMART. ULTIMART offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website as well as any of the terms & conditions contained in the Terms or any policy or guideline of the site, at any time and in our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
Section 1 – Online Store Terms
- By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 – Product Ordering / Contract Between You and ULTIMART
- When you place an order for a product by using this website, you are offering to buy it for the price shown on the website and we will take payment in full as per clause.
- All orders are subject to acceptance by us after checking product availability, and we will confirm this acceptance to you by sending you an email of shipping confirmation. Each order that we accept will be a separate contract between you and us.
- The contract will only be formed when we send you the shipping confirmation.
- We reserve the right to refuse service to anyone for any reason at any time.
- Once you have successfully placed an order and we have accepted it, we are unable to amend the order or any details provided.
- All orders for products are subject to availability and in this regard, in the event of supply difficulties or products are no longer available, we reserve the right to inform you via email and cancel any order (contract) between you and us.
- We reserve the right to withdraw any product from this website at any time and/or remove or edit any materials or content on this website.
- In any circumstances, we may need to refuse to process the order after the order confirmation has been sent to you, which we reserve the right to do at any time. In the event that we make a change to or cancel an order, we may attempt to notify you via email provided at the time the order was made.
- We will not be liable to you or any other third party by reason of our withdrawal for any products on this website.
Section 4 – Price and Product Information
- Prices for our products are subject to change without notice, at the sole discretion of us.
- We will try to ensure all the prices and information of the product in this website are accurate, complete, or current but errors may occur. In this circumstance, we reserve the right to modify the price or any information without notice at any time.
- We shall not be liable to you or to any third party for any modification, price change, refusal of the order.
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Section 5 - Products
- Certain products may have limited quantities and are subject to return or exchange only according to our Return Policy.
- We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
- We reserve the right but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
- Under the Liquor Act 2007 No 90, it is an offence:
- To supply alcohol to a person under the age of 18 years
- For a person under the age of 18 years to purchase or receive liquor
- There is no authority to leave, and the delivery must be accepted by an adult person
Section 6 - Accuracy of Billing and Account Information
- You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
- You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
Section 7 - Third-Party Links
- Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us.
- We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
- Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 8 - Personal Information
Section 9 - Disclaimer of Warranties; Limitation of Liability
- We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
- Please read the instructions, manuals, and other user documentation that comes with your Products carefully. ULTIMART is not involved in the manufacture of Products and will not advise on their use or operation or the manufacturer’s guidelines. We recommend that you use all Products safely and in accordance with the manufacturer’s guidelines.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall ULTIMART, our directors, partners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Despite every effort to provide accurate images of each product's colour and textured finishes on our website, there may be a slight variation in actual colour and texture of the products due to different device screen settings, the lighting, and background setup when taking photographs of the products, and manufacturers of the products. In purchasing from us, you agree to accept the small risk of the above-mentioned factors.
Section 11 – General
- ULTIMART may revise these Terms from time to time. Any changes to our Terms will be notified on this website. You must check these Terms whenever you place an order with us. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- This contract is between you and us. No other person shall have any right to enforce any of its terms.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.
Section 12 – Contact Information
- Questions about the Terms of Service should be sent to us at email@example.com.