Section 1. Overview
Welcome to the The Crosswalk Store website (“The Crosswalk Store Website” or the “Website”), which is operated by Meaden Peak Pty Ltd (“we”, “us” or “our”) and provides the products and services available to you on this Website subject to the following terms and conditions (“Terms & Conditions”). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms & Conditions.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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. 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 the online e-commerce platform that allows us to sell our products and services to you.
Section 2. Disclaimer
The content of this website is general and is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, The Crosswalk Store does not give any express or implied warranties and makes no representations in relation to this website. In particular, while reasonable care is taken in its preparation, The Crosswalk Store does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose. Information on this website should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided.
In addition, to the fullest extent permitted by law, The Crosswalk Store does not warrant that the website itself is free from any computer viruses or other defects or that your access to the website will be continuous or uninterrupted. The Crosswalk Store accepts no liability arising from your access to this website.
Section 4. Limitation Of Liability
Subject to the provisions of consumer protection legislation that cannot be excluded, The Crosswalk Store accepts no liability arising from the information on this website, or on websites linked from this website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, The Crosswalk Store will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information on this website. Where conditions and warranties implied by law cannot be excluded, The Crosswalk Store limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.
Section 5. Order Process Information
You will be guided through the process of placing an order by a series of simple instructions on the Website. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for products from the The Crosswalk Store Website by clicking on the ‘complete my purchase’ button at the end of the on-line order process.
Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which will be debited to your debit/credit card or PayPal prior to dispatch of your order. This is not an order acceptance from The Crosswalk Store.
Unless we have notified you that we do not accept your order, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the products ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy (see section 8).
If we are unable to fulfil your order following order acknowledgement, we will contact you by email or telephone advising you of this.
Section 6. Product Descriptions
We will take all reasonable care to ensure that all details, descriptions, packaging, images, and prices of products appearing on the Website are correct at the time when the relevant information was posted to the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, packaging, colours or other content available on the Website are accurate, complete, reliable, current, or error-free. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the product exactly at the moment you place an order.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about these legal rights is available from your local Consumer Law – Commerce office Nothing in these Terms & Conditions will affect these legal rights.
Section 7. Payment & Modification To The Prices
All prices indicated for products available via the Website are inclusive of GST (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in Section 8 (Delivery).
It is always possible that, despite our reasonable efforts, some of the products on our Website may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price.
You may pay using either debit/credit card, PayPal or AfterPay. The Crosswalk Store accepts Visa, Mastercard, or American Express. You confirm that the credit/debit card, PayPal or AfterPay account that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
Section 8. Delivery & Returns Policy
We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we can’t guarantee firm delivery dates or times. Delivery options are set out here, although such delivery estimate information is indicative only.
All orders placed by 12pm local time (AWST) are despatched same day (Exclusions Apply - eg Pre Orders, Promotional Periods).
All orders can be tracked via the Australia Post website; You can track your order by clicking: www.auspost.com.au/track
- Regular Post (Australia) $12.00 flat rate, 3-5 business days - tracking not available for these parcels. The Crosswalk Store will not be held liable for missing or lost parcels. Please ensure your parcel is delivered to a secure address.
- Express Delivery (Australia) $18.00 flat rate, 1-2 business days (fully trackable) All parcels require signature on delivery. If this is overridden by the customer The Crosswalk Store will not be held liable for any losses.
If a customer overrides the required 'signature on delivery' by requesting a parcel to be left at their property, The Crosswalk Store will not be held accountable for parcels that have gone missing due to customer intervention whilst the parcel is in transit.
You can track your order by clicking: www.auspost.com.au/track
Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party. Time shall not be of the essence of these Terms & Conditions as regards any of the delivery times, dates and/or periods mentioned herein.
We currently do not ship internationally.
We will gladly refund your purchase up to 30 days of receipt, as long as the product is still in its original packaging and un-opened. Please contact us to arrange a refund, which we can process on receipt of the products at The Crosswalk Store, Shop 23, 21 George Street, Pinjarra, WA, 6208, Australia. Please keep your proof of postage until your refund has been received. If the products are being returned because they were incorrectly supplied, then we will also refund the postage and packaging costs.
The customer is responsible for the shipping costs incurred when sending the items back to The Crosswalk Store.
Should an item be damaged while it is being shipped to you by us, The Crosswalk Store will provide you with a full refund or replacement. Return postage will be reimbursed in case of damaged, defective or incorrectly sent items and a reimbursement will be issued in the original form of payment.
We will do our best to process returns within 5 business days of receipt and a reimbursement will be issued in the original form of payment.
Section 9. Product Liability & Warranty
a. While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
b. We make no warranty that the Website will meet your requirements or that your use will be uninterrupted, timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website.
c. We warrant that on delivery and for  months from delivery, the products shall be free from material defects. However, this warranty does not apply to any defect in the products arising from fair wear and tear; wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; or if you fail to use the products in accordance with the user instructions.
- If you are a consumer, this warranty is in addition to your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Consumer Protection office.
- If we fail to comply with these Terms & Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
- 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 in any way exclude or limit our liability for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) any breach of the terms implied by the Competition and Consumer Act 2010 (title and quiet possession); (iv) any breach of the terms implied by the Competition and Consumer Act 2010 (v) defective products under the Competition and Consumer Act 2010.
- The provisions of this clause do not affect your statutory rights as a consumer. Advice about your statutory rights is available from your local Consumer Protection – Commerce office.
- (i) Subject to sub-clause (g), we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms & Conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by you arising out of or in connection with these Terms & Conditions or the products.
Section 10. Disclaimer Of Warranties & Limitation Of Liability
There are some websites and dealers who may claim to be authorised The Crosswalk Store resellers but are not. Products sold on these websites or from these dealers do not carry a warranty from The Crosswalk Store. When you purchase products from an unauthorised website or dealer you are taking a risk, because these products may be counterfeit, used, defective, or may not be designed for use in your country. Please protect yourself and your product by ensuring that you only purchase products from an authorised dealer.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
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 The Crosswalk Store, our directors, 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.
Section 11. Force Majure
If The Crosswalk Store is delayed or hindered in or prevented from performing any of its obligations under any Order by reason of any event or circumstance beyond its reasonable control, The Crosswalk Store will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
Section 12. GST
Where The Crosswalk Store makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade and the consideration otherwise payable for the Taxable Supply does not include GST, The Crosswalk Store will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any GST on the Taxable Supply.
- In these Terms of Trade, ‘GST’ means the tax payable on Taxable Supplies under the GST Legislation, ‘GST Legislation’ means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax and ‘Taxable Supply’ has the meaning given to it in the GST Legislation.
Section 13. Your Account
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting us at firstname.lastname@example.org.
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password, we will reset it upon your request and send it to the email address, which you specified when you registered.
Your account can be cancelled at any time by contacting us at email@example.com.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
We reserve the right to refuse service and/or terminate accounts without prior notice if you breach these Terms & Conditions or if we decide, in our sole discretion, that it would be in The Crosswalk Store best interests to do so.
Section 14. General
If any provision of these terms is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected (in this instance the parties shall use reasonable endeavours to negotiate a suitable substitute provision).
Orders and these Terms of Trade will be governed by the law applying in the State of Western Australia, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia, and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Terms of Trade.
The information contained within this document relates to the The Crosswalk Store Australian online store, trading under Meaden Peak Pty Ltd.
Please read these Terms of Trade carefully as they contain important information including warranty disclaimers and limitations of liability.
Section 15. Intellectual Property
All content on this website, including text, graphics, logos, photographs, audio and video clips and data compilations is the property of Meaden Peak Pty Ltd or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of Meaden Peak Pty Ltd and protected by Australian and international copyright laws.
LICENSE AND SITE ACCESS
The Crosswalk Store grants you a limited licence to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with The Crosswalk Store express prior written consent. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of The Crosswalk Store. You may not use any metatags or any other hidden text using The Crosswalk Store name or trademarks without The Crosswalk Store express prior written consent. Any unauthorised use will automatically terminate the licence granted above.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to www.argenteskin.com so long as the link does not portray The Crosswalk Store, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. If requested by The Crosswalk Store, you must remove any hyperlink to this website contained on your website or any other digital content. You may not use any The Crosswalk Store logo or other proprietary graphic as part of the link without The Crosswalk Store express prior written consent.
THIRD PARTY WEBSITES
The Crosswalk Store may include links on this website to websites owned by other parties. The Crosswalk Store is not in any way responsible for the material contained on these sites, nor is The Crosswalk Store responsible for the availability of these sites. The Crosswalk Store does not endorse and is not responsible or liable for any content, including advertising or products offered on these sites, nor is The Crosswalk Store responsible for any damage, offence or loss caused as the result of visiting these websites.
The Crosswalk Store recommends that before you visit any website you check that your computer is running up-to-date virus checking software.
Section 16. Terms Of Trade
If you purchase any products via this website, you must agree to The Crosswalk Store Terms of Trade.
Section 17. Privacy
Section 18. Security
The Crosswalk Store credit card transactions are fulfilled by a banking institution authorised under the laws applicable to this website. When collecting credit card information for online purchases, The Crosswalk Store offers secured server transactions that encrypt your information in transit to prevent others from accessing it. All information is stored on a secure server. Your credit card details are encrypted and then removed from our system once your order has been dispatched.
Although The Crosswalk Store engages all reasonable efforts to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorised use of your account.
You will need to register to use certain parts of this website. When registering, you will be required to nominate a username and password. You must keep this username and password safe and must not disclose this information to any third party. If you become aware of unauthorised use of your account, please notify us immediately.
Section 19. Cookies
Cookies also allow The Crosswalk Store to recognise your computer while you are on The Crosswalk Store site, and to send you to the country of origin and language you selected on your first visit to The Crosswalk Store site. This information is used to maintain the quality of our service and to provide tracking and statistics regarding the use of our website.
If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. However, if you disable cookies you may not be able to access all parts of this website, including the purchase section.
Section 20. Legal
The Crosswalk Store may vary these terms and conditions at any time by publishing a revised version of the terms and conditions on this website.
The law applicable to this website is the law of the State of Western Australia, Australia.