1. DEFINITIONS
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws.
Customer means the individual, business, company or entity, jointly and severally if there is more than one, acquiring Goods from Downies Collectables. A reference to “You” also means the Customer.
Goods means the goods offered for sale by Downies Collectables to the Customer from time to time on the Downies Collectables website.
GST means Goods and Services Tax payable pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (as amended from time to time).
Insolvency Event means the happening of any of the following events in relation to the Customer:
(a) being a company, the appointment of an administrator or controller (within the meaning of section 9 of the Corporations Act 2001 (Cth)) or receiver or provisional liquidator or liquidator over the relevant company, the directors of the relevant company resolving that the company be wound up, the making of an order of a Court that the company be wound up or the company being deregistered for any reason or anything analogous to or having a similar effect under the law of any relevant jurisdiction; or
(b) being an individual, the appointment of a trustee or controlling trustee (within the meaning of the Bankruptcy Act) over the affairs of the person, or the person being an insolvent under administration (as defined under the Corporations Act 2001 (Cth)).
Order means placing an order for one or more Goods.
Terms and Conditions means these Terms and Conditions which incorporates our Privacy Policy found https://www.downies.com/pages/privacy-policy, our website terms and conditions found https://www.downies.com/pages/terms-conditions, our customer FAQ’s found on our website, https://www.downies.com/faqs, and other documents referred to within these Terms and Conditions.
Downies Collectables means Downies Collectables Pty Ltd (ACN 097 060 663) of PO Box 3131, Nunawading VIC 3131, Australia.
2. BASIS OF CONTRACT
(a) Downies Collectables will supply the Goods to the Customer subject to these Terms and Conditions unless otherwise specifically agreed in writing between Downies Collectables and the Customer. These Terms and Conditions apply to the exclusion of any other agreement or conditions of purchase or other terms that the Customer may submit with an Order or otherwise to Downies Collectables.
(b) By browsing, accessing, using the Downies Collectables website, creating an account or placing an Order you agree to be legally bound by these Terms and Conditions.
(c) Downies Collectables may update these Terms and Conditions from time to time.
3. ORDERING OF GOODS
(a) The Customer will order Goods from Downies Collectables direct from the Downies Collectables website.
(b) Customers who want to place an Order will be shown the price at the checkout and this price will be the price for the Goods (including GST and any delivery costs) irrespective of any other price show on the website or advertised elsewhere.
(c) The Customer is solely responsible for providing accurate delivery details when placing an Order.
(d) The Customer must pay for the Order at the time of placing the Order. If the Customer selects a third party payment provider then the Customer is solely responsible for complying with any terms and conditions of the third party payment provider.
(e) The Customer must pay each invoice in full before the Goods are released to the Customer or otherwise dispatched.
(f) Downies Collectables may reject any Order placed by a Customer for any reason at Downies Collectables’ sole and absolute discretion, including if there has been an error or the Goods are no longer available for any reason. All Goods shown are subject to availability and may be withdrawn at any time without notice.
(g) If Downies Collectables rejects or cancels an Order following payment then the Customer will receive a full refund for any moneys paid for the Order.
(h) Following placement of an Order the Customer will receive an email notification from Downies Collectables which will confirm that an Order has been placed (Order Confirmation). The Order Confirmation amounts to confirmation that a contract exists between Downies Collectables and the Customer for the sale and purchase of Goods.
(i) If a Customer believes that they have made a mistake in placing an Order then the Customer should immediately contact Customer Care and provide details of the Order in question. Downies Collectables provides no guarantees that it will be able to rectify any erroneous Orders. Downies Collectables reserves the right to charge the Customer a cancellation fee which reflects any administration costs in the cancellation or Downies Collectables may issue a credit note depending upon the circumstances.
4. PRICE
(a) The price for the Goods includes GST if purchasing from within Australia. Excludes GST if purchasing from outside Australia.
(b) The Customer must pay to Downies Collectables any GST in respect of any taxable supply made by Downies Collectables under these Terms and Conditions.
(c) The costs of delivery of the Order will be borne by the Customer.
5. PAYMENT
(a) All purchases must be paid for in full prior to shipment of Goods. At its sole discretion Downies Collectables may contact Customers to request identification documentation and confirmation of credit card billing address. This is done as a security precaution against fraudulent transactions. Downies Collectables adheres to a strict security policy and any information provided by Customers for the purpose of identification will only be used by Downies Collectables and will not be sold or forwarded to any third party.
(b) Downies accepts payments for Credit Card for majority of payments. As soon as an Order is placed on the Downies Collectables website your credit card will be charged. For subscriptions payments are taken via Westpac Banking Corporation, which may take a couple of days to show in your bank statement.
(c) Downies Collectables also takes payment via Afterpay and ZipPay for most orders (excluding subscriptions, pre-order, personalised or bespoke Goods).
6. NO SET OFF
The Customer shall pay any moneys owing to Downies Collectables under these terms in full, and shall not set off such moneys against debts or liabilities owed or allegedly owed by Downies Collectables to the Customer.
7. RISK, DELIVERY AND QUALITY OF SUPPLIES
(a) Downies Collectables engages third party delivery partners to deliver all Orders. Downies Collectables is not responsible for the conduct of the third party delivery partner.
(b) The Customer is solely responsible for:
(c) The risk in the Goods for theft, damage or otherwise in respect of the Goods will pass to the Customer immediately upon the Goods being deemed delivered or arriving at a collection location. Once risk passes to the Customer, Downies Collectables is no longer responsible for any damage to the Goods.
(d) Under no circumstances will Downies Collectables be liable for any loss or damage suffered by the Customer as a result of any late delivery or non-delivery of any Order.
(e) Any period or date for delivery of the Goods stated by Downies Collectables is intended as an estimate only and is not a contractual commitment. Downies Collectables will use reasonable endeavours to meet any estimated dates for delivery of the Goods.
(f) For any overseas Orders, the Customer is solely responsible for any import or duty taxes imposed by the Customer’s country. Please check these charges before placing an Order.
8. SUITABILITY OF SUPPLIES
(a) The Customer acknowledges and agrees that any sale of Goods under these terms is not a sale by description and that the representation of Goods may differ in visual appearance such as colours from the way such Goods may appear on the Downies Collectables website. Please be aware of this before placing an order for any goods from Downies Collectables.
(b) The Customer acknowledges and agrees that it relies entirely upon its own knowledge, skill and judgment in selecting and ordering Goods from Downies Collectables. Downies Collectables will not provide any advice, express or implied, as to whether particular Goods are fit for any purpose, unless expressly agreed in writing by Downies Collectables.
9. WARRANTIES, GUARANTEES & DEFECTIVE GOODS
(a) Goods must be used, handled and assembled with due care and in compliance with any instructions given by Downies Collectables otherwise any warranty of the Goods may be void.
(b) Any change or modification made by the Customer to the Goods without the prior written consent of Downies Collectables is at the Customer’s sole risk and may void any warranty on the Goods.
(c) If a Customer believes that a Good is defective then the Customer must adhere to any process Downies Collectables may direct the Customer to follow to address the defective Good claim including providing any evidence of the defect and/or returning the Good to Downies Collectables.
(d) ‘Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.’
(e) A Customer making a defect claim can contact Downies Collectables customer care as follows:10. CHANGE OF MIND
(a) In addition to any returns applicable for defective Goods, if a Customer changes their mind in respect of an Order, Downies Collectables will accept Goods to be returned for a credit note equal to the cost of the Goods but excluding any delivery fees provided that all the following conditions are satisfied:
(b) Customers must follow any return instructions provided by Downies Collectables from time to time for the return of Goods under Downies Collectables’ returns policy found https://www.downies.com/pages/refunds.
(c) Once Downies Collectables has received the Customer’s returned Goods and is satisfied with the condition of the Goods, the Customer will be issued with a refund (at the direction of Downies Collectables) for the amount paid for the Goods but excluding delivery fees.
(d) The Customer may also have other rights under the Australian Consumer Law.
11. PERSONALISATION OF GOODS
(a) Downies Collectables may offer personalisation of some Goods. Notwithstanding clause 10 above, any Order that includes a personalised Good or a bespoke Good is final. Downies Collectables does not allow any changes, returns or exchanges on personalised Goods the subject of an Order except for defective Goods.
(b) The Customer should refer to information on the Downies Collectables website for further information regarding personalised Goods.
12. LEGAL REQUIREMENTS FOR BULLION PURCHASES
The following details refer to the requirements of the Customer to supply Photographic Identification (Photo ID) when purchasing Gold & Silver Bullion products from Downies Collectables.
13. LIMITATION OF LIABILITY
(a) Subject to clause 9 and any State or Federal law:
(b) Nothing in these Terms and Conditions is to be interpreted as excluding, restricting or modifying, or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable, including the Australian Consumer Law to the sale of Goods which cannot be excluded, restricted or modified.
14. INDEMNITY
The Customer will at all times indemnify Downies Collectables and Downies Collectables’ officers, employees and agents (“those indemnified”) from and against any loss (including legal costs and expenses) or liability, suffered or incurred by any of those indemnified arising from any claim against those indemnified where the claim is referable to:
(a) a breach by the Customer of its obligations under these Terms and Conditions; or
(b) any willful, unlawful, or negligent act or omission of the Customer.
15. CANCELLATION
(a) Downies Collectables may cancel any Order immediately by notice in writing (Notice):
(i) if the Customer is in breach of any term of these Terms and Conditions and the Customer does not remedy any breach within five (5) days of receiving written notification;
(ii) if the Customer is in breach of any term of these Terms and Conditions which is incapable of being remedied; or
(iii) if an Insolvency Event occurs in relation to the Customer.
(b) Subject to any State or Federal legislation, Downies Collectables may also cancel any Order for any other reason determined by Downies Collectables.
16. FORCE MAJEURE
(a) For the purposes of this clause 16, “Force Majeure” shall mean any event beyond the reasonable control of the parties, including, but not limited to, fire, explosion, flood, strikes, war, pandemic, epidemic, act of God, act of State, labour unrest or riots.
(b) If as a direct or indirect result of Force Majuere event, Downies Collectables is unable to perform its obligations under these Terms and Conditions, Downies Collectables is released from those obligations to the extent of such inability, and the Customer shall not be entitled to claim compensation for any such failure by Downies Collectables to perform its obligations.
17. GST
(a) For the purposes of this clause 17, a word or expression that is capitalised and is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) has the meaning given in that Act unless defined in these Terms and Conditions.
(b) Unless expressly stated otherwise, all amounts payable under these Terms and Conditions are exclusive of GST.
(c) If anything done under or in connection with these Terms and Conditions constitutes a Taxable Supply from one party to another in respect of which GST is payable, the consideration payable for the supply will be increased by the GST Amount.
(d) A party is not required to make a payment for a Taxable Supply made under or in connection with these Terms and Conditions until it receives a valid Tax Invoice in relation to that supply.
18. WAIVER
Failure by Downies Collectables to enforce any of these terms in respect of any breach by the Customer shall not be construed as a waiver of any of Downies Collectables’ rights or a waiver of Downies Collectables’ right to enforce the term in respect of that breach in the future. The only persons authorised to waive a breach by the Customer are the Managing Director or Chief Financial Officer of Downies Collectables and the Customer shall not seek to rely upon a waiver purportedly given on behalf of Downies Collectables by any other person.
19. GOVERNING LAW
These terms shall be governed by and construed in accordance with the laws in force in Victoria, Australia and the Customer submits to the jurisdiction of the courts of Victoria, Australia.
20. SEVERANCE
If any provision of these Terms and Conditions are contrary to any State or Federal legislation (for example by being illegal, void or unenforceable) that provision shall be read down to the extent necessary to become valid and enforceable or, if this is not possible, shall be deemed to be severed from these Terms and Conditions, without affecting the remaining provisions of these Terms and Conditions.
21. ASSIGNMENT AND NOVATION
Any rights and benefits arising from these Terms and Conditions must not be assigned by the Customer without Downies Collectables’ prior written consent. Subject only to notice being given to the Customer, the Customer consents to the assignment or novation of these Terms and Conditions by Downies Collectables.
22. INTELLECTUAL PROPERTY
(a) All intellectual property (including without limitation any trade marks (registered or unregistered), designs, layouts and confidential information copyright in all plans, drawings, designs and text) which are disclosed to the Customer by Downies Collectables shall be solely owned by Downies Collectables and shall be delivered up to Downies Collectables by the Customer immediately on Downies Collectables’ request. The Customer acknowledges that no intellectual property licence is granted by these Terms and Conditions.
(b) The Customer is prohibited from reverse engineering any of the Goods.
(c) The Customer will immediately notify Downies Collectables of any actual or potential infringement of Downies Collectables’ intellectual property rights which comes to the Customer’s attention.
23. CONFIDENTIAL INFORMATION
The Customer shall treat all information disclosed to it by or on behalf of Downies Collectables, or acquired by the Customer concerning Downies Collectables or the Goods as Downies Collectables’ confidential information and shall not use or disclose the same.
24. CUSTOMER WARRANTY
The Customer warrants that it has acted reasonably and in good faith to Downies Collectables in disclosing to Downies Collectables, prior to signing these Terms and Conditions, all information which may have materially affected Downies Collectables’ agreement to supply the Goods to the Customer on these Terms and Conditions.
Version April 2024