WEBSITE TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Tropical Brazil Pty Ltd. Your
access to and use of all information on this website including purchase of our product/s is
provided subject to the following terms and conditions. The information is intended for
residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following
any amendments will represent your agreement to be bound by these terms and conditions as
amended. We therefore recommend that each time you access our website you read these
terms and conditions.
Our Website Services
1. Our services are provided to adults over the age of eighteen (18) years. By proceeding
to purchase through our website, you acknowledge that you are over 18 years of age.
Website Terms & Conditions
2. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to
ensure that our price list is current. Our price list can be accessed from our home page
and we reserve the right to amend our prices at any time. If you have placed an order,
we reserve the right to cancel your order should our prices change.
3. We strive to ensure that our products are described as accurately as possible on our
website, however we do not warrant that the description is accurate. Where we become
aware of any misdescription, we reserve the right to correct any error or omission.
4. Images have been provided for illustrative purposes only and we do not guarantee that
any image will reproduce in true colour nor that any given image will reflect or portray
the full design or options relating to that product.
5. Our products are for sale to adults over the age of eighteen (18) years. By proceeding
to purchase through our website, you acknowledge that you are over 18 years of age.
6. We endeavour to ensure that our product list is current however we give no undertaking
as to the availability of any product advertised on our website.
7. All prices are in Australian Dollars (AUD) and are exclusive of GST. Our price list can
be accessed from our home page and we reserve the right to amend our prices at any
8. Packaging and postage is an additional charge, calculated at time of purchase.
9. When you order from us, we require you to provide your name, address for delivery, your
email address, telephone contact and credit card details. We undertake to take due care
with this information; however in providing us with such information you accept that we
are not liable for its misuse due to error in transmission or virus or malware.
10. We undertake to accept or reject your order within Seven days. If we have not
responded to you within Seven days, your offer is deemed to be rejected. We are not
required to give reasons for rejecting your offer to purchase however the most likely
reason for rejecting your offer will be that we do not currently have that product in stock.
11. Once you have submitted an order, you may not cancel that order even if our acceptance
or rejection of your offer is still pending.
12. Delivery of your ordered product/s will be as set out on our website. Title in the goods
passes to you when we have received payment. Our terms of payment are set out on the
13. All risk of loss or damage to the goods passes to you when we despatch the goods.
Order Cancellation Due To Error
14. Where a product has been listed at the incorrect price or with incorrect descriptive
information or image due to typographical error or similar oversight, we reserve the right
to cancel a transaction. Where your credit card has been charged, we will immediately
refund your credit card for the total amount debited.
15. We undertake to replace you for any product delivered to you that is faulty or is in a
damaged condition. If you wish to return a faulty or damaged product, you must notify
us through our designated “contact us” webpage where we set out our requirements
relating to return of such goods.
16. If we are unable at the time of return to replace or exchange returned goods, we undertake
to reimburse your credit card for the amount initially debited for the purchase including
packaging and postage charges.
17. When you visit our website, we give you a limited licence to access and use our
information for personal use.
18. You are permitted to download a copy of the information on this website to your
computer for your personal use only provided that you do not delete or change any
copyright symbol, trade mark or other proprietary notice. Your use of our content in
any other way infringes our intellectual property rights.
19. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy,
reproduce, republish, distribute or display any of the information on this website without
our prior written permission.
20. The licence to access and use the information on our website does not include the right
to use any data mining robots or other extraction tools. The licence also does not permit
you to metatag or mirror our website without our prior written permission. We reserve
the right to serve you with notice if we become aware of your metatag or mirroring of
21. This website may from time to time contain hyperlinks to other websites. Such links are
provided for convenience only and we take no responsibility for the content and
maintenance of or privacy compliance by any linked website. Any hyperlink on our
website to another website does not imply our endorsement, support, or sponsorship of
the operator of that website nor of the information and/or products which they provide.
22. Linking our website is not permitted. We reserve the right to serve you with notice if
we become aware of such linking.
Intellectual Property Rights
23. The copyright to all content on this website including applets, graphics, images, layouts
and text belongs to us or we have a licence to use those materials.
24. All trade marks, brands and logos generally identified either with the symbols TM or ®
which are used on this website are either owned by us or we have a licence to use them.
Your access to our website does not license you to use those marks in any commercial
way without our prior written permission.
25. Whilst we have taken all due care in providing the information on our website, we do not
provide any warranty either express or implied including without limitation warranties
of title or implied warranties of merchantability or fitness for a particular purpose.
26. To the extent permitted by law, any condition or warranty which would otherwise be
implied into these terms and conditions is excluded.
27. We also take all due care in ensuring that our website is free of any virus, worm, Trojan
horse and/or malware, however we are not responsible for any damage to your computer
system which arises in connection with your use of our website or any linked website.
Statutory Guarantees and Warranties to Consumers
28. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a
consumer. Under the C&C Act we are a supplier of either goods or services or both to
you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the
Standard Terms and Conditions are:
a. Schedule 2 of the C&C Act; and
b. those statutory guarantees, all of which are given by us to you if you are a
29. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or
services then we give you a warranty that at the time of supply of those goods or services
to you, if they are defective then:-
a. We will repair or replace the goods or any part of them that is defective; or
b. Provide again or rectify any services or part of them that are defective; or
c. Wholly or partly recompense you if they are defective.
30. As a consumer under the C&C Act you may be entitled to receive from us notices under
Schedule 2 section 103 of the C&C Act. In that regard:-
a. If you are a consumer within the meaning of Schedule 2 of the C&C Act and
the goods or services we are providing relate to the repair of consumer goods
then we will give you any notice which we are obliged to give you under
Schedule 2 section 103 of the C&C Act.
b. If we are a repairer of goods capable of retaining user-generated data then we
hereby give you notice that the repair of those goods may result in the loss of
c. If we are a repairer and our practice is to supply refurbished goods as an
alternative to repairing your defective goods or to use refurbished parts in the
repair, then we give you notice that the goods presented by you to us for repair
may be replaced by refurbished goods of the same type rather than being
repaired. We also give you notice that we may use in the repair of your goods,
Limitation of Liability
31. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this
clause applies to you. If you are a consumer within the meaning of the C&C Act then
this clause has no effect whatsoever to in any way limit our liability or your rights. If
you are not a consumer:-
a. To the full extent permitted by law, our liability for breach of an implied
warranty or condition is limited to the supply of the services again or payment
of the costs of having those services supplied again.
b. We accept no liability for any loss whatsoever including consequential loss
suffered by you arising from services we have supplied.
c. We do not accept liability for anything contained in the post of a user or in any
form of communication which originates with a user and not with Us.
d. We do not participate in any way in the transactions between our users.
32. By accessing our website, you agree to indemnify and hold us harmless from all claims,
actions, damages, costs and expenses including legal fees arising from or in connection
with your use of our website.
33. If a Force Majeure event causing delay continues for more than Thirty, we may terminate
this Agreement by giving at least Seven Notice to you. “Force Majeure” means any act,
circumstance or omission over which we could not reasonably have exercised control.
These Terms and Conditions have been specifically drafted for, and provided to Tropical Brazil
34. These terms and conditions are to be governed by and construed in accordance with the
laws of NSW and any claim made by either party against the other which in any way
arises out of these terms and conditions will be heard in NSW and you agree to submit
to the jurisdiction of those Courts.
35. If any provision in these terms and conditions is invalid under any law the provision will
be limited, narrowed, construed or altered as necessary to render it valid but only to the
extent necessary to achieve such validity. If necessary the invalid provision will be
deleted from these terms and conditions and the remaining provisions will remain in full
force and effect.
36. We undertake to take all due care with any information which you may provide to us
when accessing our website. However we do not warrant and cannot ensure the security
of any information which you may provide to us. Information you transmit to us is
entirely at your own risk although we undertake to take reasonable steps to preserve such
information in a secure manner.
may be accessed from our home page.