Conditions of Use

In using this website and registering your details you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Customer”, You and Your refers to you, the person accessing this website and accepting the Company’s Terms and Conditions. “The Company”, “The German Shop Down Under”, Ourselves, We and “Us”, refers to our Company. Party, Parties, or Us, refers to both the Customer and ourselves, or either the Customer or ourselves. Site or “website” refers to our website www.tgsdu.com.au. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

You must read these Terms and Conditions carefully and understand them before accessing and/or using the Site. By placing an order to purchase a product on the Site or through our Wishlist, you acknowledge and agree that you have read and accepted and understood these Terms and Conditions. If you are not sure of what one or more term or condition means, please contact us. If you are under 18 years of age, you must obtain your parent or guardian’s consent before accessing and purchasing from The German Shop Down Under. Your access to and use of and order from The German Shop Down Under is strictly subject to these Terms and Conditions.

Registration Process
We require you to complete the registration process before you will be able to place an order for products through the Site. If you order through our Wishlist or email we will ask you to register in the Shop and to remain registered for at least until the Sale is completed and you received your Goods.

Any personal information that you give us will be held and used by us in accordance with our Privacy Policy. You may only have one (1) active account, and your account is not transferable. You may update, edit or terminate your account at any time.

Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual Customers. We constantly review our systems and data to ensure the best possible service to our Customers.

Confidentiality
Customer records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Customers have the right to request copies of any and all Customer Records we keep, on the provision that we are given reasonable notice of such a request.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer
Exclusions and Limitations
The information on this website is provided on an “As Is” basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • occasionally manufacturers do alter their lists of ingredients. We work to maintain a correct product information but actual products and materials may contain different and/or more and/or less information than shown on our Sites. The German Shop Down Under assumes no liability for inaccuracies about products or materials. The German Shop Down Under gives only information about products for reference purposes and is not intended to substitute full information available for products. The German Shop Down Under recommends that the Customer does not solely rely on the information presented on our Sites but contacts the manufacturer if additional information about products is needed. And
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Payment
All major Credit/Debit Cards, PAYPAL or Bank Transfer are all acceptable methods of payment. We do not accept Cash, Money Orders or Personal Cheques. Our Terms are payment in full within ten (10) days or the order will be cancelled. No products will be shipped unless balance is paid in full. All goods remain the property of the Company until paid for in full.

Return of or Cancellation of Goods ordered/Termination of Agreement Policy
In the event the Customer elects to return goods or cancel goods on order, the Company at its absolute discretion reserves the right to charge a 10% handling fee on the amount involved. Further no return of goods will be accepted, without prior approval of the Company in writing, please refer to the Return Procedure Policy. Both the Customer and ourselves have the right to terminate any Purchase Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded less a 10% handling fee.

Credit Claims
If an item delivered arrives damaged, we ask that you contact Customer Service during business hours within 24 hours of the delivery time. We offer a credit or refund at your election for any items that are damaged in transit with the exclusion of heat sensitive items damaged by heat during transit to Customer e.g. items containing chocolate. We do not recommend ordering chocolates or items containing chocolate during warmer months. We also offer a credit or refund for the capped shipping cost if the order in its entirety is assessed as damaged in transit. A photo may be requested of the damaged item/s. You must provide us with the invoice we issued to you for your order or other proof of purchase to make a claim under this clause. If an item is defective, not as described or not of acceptable quality, we ask that you contact Customer Service during business hours. We offer a credit or refund at your election for any items assessed as defective, not as described or not of acceptable quality.
It is the responsibility of the Customer to carefully inspect the goods immediately they are delivered. Credit Claims will only be recognised if made in the first instance by email within 24 HOURS of receipt, and also in writing within 7 days of delivery.
Claims outside this period will be at the absolute discretion of the Company, and its decision final and binding on the Customer. All goods returned must be in original condition and packaging and complete in every detail. Goods will only be accepted if the freight is prepaid by the Customer.

Wishlist Orders

Goods ordered through the Wishlist which are especially ordered, bought, handled and dispatched for a Customer will not be covered by our warranty or return policy. The Customer ordering through the Wishlist must take all responsibility for any issues at customs, damages or losses during transit and no monies will be returned. The Company guarantees to take all necessary precautions to prepare the items for a safe transit. The Customer will need to register their details on the Site as if ordering through the Site. An invoice will be send to the Customer through Email. With registering through the Site and with the payment of the invoice the Customers agrees to our Terms and Conditions.

Substitution or missing items in delivery
You acknowledge that a product that you order may be out of stock or (temporarily) unavailable. If this happens, then we will not be able to provide you with that product. If there are missing items from your delivery, then you should check the packing slip that we provided to you to determine if the missing product is marked as out of stock or unavailable. If so, then we will provide you with a credit to your account for the products that were not supplied which may be used for future orders or we will provide you with a refund. In all other circumstances, you may contact Customer Service during business hours within 24 hours of the delivery time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, then we will (at your option): (i) provide you with a credit for the products that were charged but not delivered to you; or (ii) arrange for a refund for the missing item.

Availability 
Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this Site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Damages
The Company shall not be liable for any amount greater than the sales price of the product originally supplied. Without limiting the meaning of this clause, the Company shall not be liable for any claims, loss, expense whatsoever, how so ever arising, or in any event in any way whatsoever for any contingent, consequential direct/indirect special, or punitive damages arising in relation thereto, and the Customer acknowledges this express limit or liability and agrees to limit any claim accordingly. Further the Company shall not be responsible directly or indirectly for any consequential loss or maintenance, use or operation of the product by the Customer, or to any third party, or from any failure of the product whether defective or not.

Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement and orders , and gather broad demographic information for aggregate use. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies
Like most interactive websites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website 
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website 
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site� to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice 
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
This Company’s logo is owned by this Company .

Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact-link on our website.
This business is registered in Australia, – The German Shop Down Under – ABN 80 930 433 210, PO Box 422, Pomona QLD 4568

Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General
By accessing this website and using our services and buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. You are therefore advised to re-read this statement on a regular basis

These Terms and Conditions form part of the Agreement between the Customer and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected. 2011-2016 Kaiser Family Trust – The German Shop Down Under – All Rights Reserved