1. Site conditions of use

1.1 Introduction

1. Thank you for shopping with us. Please read these terms and conditions before accessing or using the website at www.ozzymart.com.au or the Ozzy Mart mobile application (each, a Site).
2. The site includes:
3. ozzymart.com.au where you may purchase Ozzy Mart Products sold by Ozzy Mart
4. The site is operated by Ozzy Mart
5. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.

 

1.2 Your agreement to the terms and conditions

        By accessing and using the Site, including placing orders of Products through the Site, you agree           that you will be subject to and will comply with these terms and conditions.

1.3 Registration and use of your account

1. You must complete the customer registration process through the Site before placing an Order for Products through the Site.
2. You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. You may not have more than two accounts per delivery address.
3. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.

1.4 Your obligations

1. You:
   • must ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe and secure manner.
   • must notify us through our Customer Service Centre during Contact Hours if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
   • must promptly advise us of any changes to your information provided to us as part of the customer registration process;

1. are responsible for any costs associated with your access to or use of the Site, including Internet access fees;

• are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;
• agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site; and
• should check the labels on the Products before consumption or use.

1. You must not:
   • use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
   • use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
   • make fraudulent or speculative enquiries, purchases or requests through the Site;
   • use another person’s details without their permission or impersonate another person when using the Site;
   • post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
   • tamper with or hinder the operation of the Site;
   • knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
   • use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
   • modify, adapt, translate or reverse engineer any portion of the Site;
   • remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
   • reformat or frame any portion of the web pages that are part of the Site;
   • create accounts by automated means or under false or fraudulent pretences;
   • use the Site to violate the security of any computer or other network or engage in illegal conduct;
   • take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
   • use the Site other than in accordance with these terms and conditions; or
   • attempt any of the above acts or engage or permit another person to do any of the above acts.

1.5 Warranties

You warrant that:

1. all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
2. the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and
3. you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us.

1.6 Suspension of account

3. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner. Ozzy Mart also reserves the right to otherwise cancel Orders in accordance with clauses 3.6.
4. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
   • the breach cannot be remedied;
   • you fail to the remedy the breach within 10 days of our notice to you of that breach; or
   • if there is an emergency.
5. You may stop using the Site at any time and for any reason.
6. We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have, , accepted will not be affected by this unless the Products that have been ordered are no longer available or we are, , prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
7. If we lock, suspend or delete your account under this clause 1.6, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.

1.7 Links on the Site

The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:

1. we make no representations or warranties, or have any responsibility or liability for those websites; and
2. these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

You agree that you access and use the products and services made available at those sites solely at your own risk.

1.8 Accuracy of information on the Site

Ozzy Mart attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.

1.9 Safety and refusal or cancellation of Orders, delivery, or your account

1. We are committed to ensuring the safety and protection of our staff and our delivery partner drivers. As such, we may:
   • refuse to accept or cancel your Order/s;
   • restrict or remove access to your account and/or ability to place an Order (whether in relation to your account details, or Delivery Address);
   • refuse delivery of your Order or delivery of any order to your Delivery Address,

or any such other action we deem necessary where we reasonably suspect that:

1. you (or someone using your account details or present at the Delivery Address) have:
   • verbally assaulted any of our staff (whether these staff are in-store, online or via Customer Care) or delivery partner drivers;
   • physically assaulted or attempted to physically assault any of our staff or delivery partner drivers;
   • engaged in any offensive, inappropriate or threatening behaviour;
   • damaged or attempted to damage any of our delivery vehicles;
   • engaged in any fraudulent or potentially criminal behaviour;
   • have been issued with a banning notice for any physical store; or
2. there is a hazard at the Delivery Address which creates an unsafe, dangerous or threatening situation for our staff or delivery partner drivers including (but not limited to):
   • unsecured pets on the property; or
   • an inaccessible or dangerous environment such as a very steep or long driveway.
3. Where we do any of the above, we will endeavour to notify you either at the time of the Order, delivery, pick up or within a reasonable time thereafter, however you agree that such notification (and absence of such notification) does not affect our rights detailed in this clause 1.9.

2. Ordering and purchasing Products generally

2.1 Ordering Products

1. You may order Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.
2. Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order.
3. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.
4. You agree to provide us with current, complete and accurate details when asked to do so by the Site.

2.2 Fees and charges

1. You agree to pay, the following fees and charges in relation to an Order that you place through the Site which is accepted (as applicable):
   • the purchase price of each Product that is ordered;
   • the delivery or service fee provided to you at the time you selected the relevant delivery or collection window when placing your Ozzy Mart Order or the delivery or service fee shown on the site and displayed when you place your Ozzy Mart Order using our Delivery Now service (Delivery Fee);
   • the cancellation fee for an Ozzy Mart Order that is cancelled as set out in these terms and conditions; and
   • any other fees and charges set out in these terms and conditions.
2. All fees and charges identified in these terms and conditions and all prices for the Products include TAX where applicable.
3. The purchase price of each Product is shown on the product list on the Site at the time you place your Order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our supermarkets or in other sales channels for the same Product.
4. We reserve the right to amend, at any time, the Delivery Fee for our Ozzy Mart Order delivery services.
5. You acknowledge that:
   • we, are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the Site or in other sales channels, or vice versa; and
   • all pricing displayed on the Site may differ depending on the postcode you have selected
6. Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once your Order has been accepted, no changes will be made to the prices that apply to the Products in that Order.
7. If a Product that you have ordered is not available and we have not provided you with a substitute (product substitution only applies if the Product is an Ozzy Mart Product) or the Product is a weight ranged product and is supplied below the maximum weight then:
   • where we only pre-authorised payment for your Order at the checkout, we will deduct the value of any items not provided from the full amount we charge you at the time we pick your Order; or
   • where we have taken payment for your Order at the checkout, we will provide you with a refund within 3-5 business days to your original payment method or alternative means to the value of the Products (excluding Delivery Fees) that were not supplied to you. Where your Order was paid for by two or more different payment methods, we will first process your refund onto your nominated debit or credit card up to the value that was paid for by debit or credit card and if the refund amount exceeds the amount paid by debit credit card, we will provide the remainder of the refund to the alternative payment methods used.

2.3 Payment methods

2. You must pay the fees and charges online using the online payment methods in clause 2.4(b).
3. We accept the following credit cards:
   • Visa and Visa Debit;
   • MasterCard and MasterCard Debit;
   • American Express;
   • Diners Club;
   • PayPal.
4. If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of the dishonour and cancel your Order.
5. You authorise Ozzy Mart to pre-authorise and/or debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.
6. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

2.4   Invoices

1. We will provide you with a receipt for the Ozzy Mart Products in your Order at time of delivery or collection (as applicable) which specifies the total fees and charges for the Products in the Order and the out of stock items. Where we have charged you for the Ozzy Mart Products in your Order at the time your Order was confirmed, the receipt will also include the value refunded to your card of purchase for any out of stock items or weight ranged items supplied below the maximum weight.

2.5 Fraud and risk assessment

We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order. If you are unsure whether the person contacting you is from Ozzy Mart, please contact our Customer Service Centre during Contact Hours or email info@ozzymart.com.au

3. Ozzy Mart Products

3.1 Acceptance or rejection of an Ozzy Mart Order

1. We reserve the right to accept or reject your Ozzy Mart Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or an error in your Ozzy Mart Order.
2. Each Order placed for an Ozzy Mart Product through the Site that we accept results in a separate binding agreement between you and us for the supply of that Product. For each Ozzy Mart Order accepted by us, we will supply each Product in that Order to you in accordance with these terms and conditions.
3. If we reject an Ozzy Mart Order placed through the Site, then we will endeavour to notify you of that rejection at the time you place that Order or within a reasonable time after you submit that Order.

3.2 Product purchase limits

1. Unless otherwise indicated on the Site, you may only purchase up to 10 items of a particular Ozzy Mart Product in each Ozzy Mart Order (there may be lower limits for particular Ozzy Mart Products or particular States or Territories as determined by us, and notified to you, from time to time). We will inform you of these limits on the Site when you place the Ozzy Mart Order or within a reasonable time after you submit your Ozzy Mart Order).
2. You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the Ozzy Mart Order or within a reasonable time after you submit that Order.
3. If you wish to place an Ozzy Mart Order that differs from our ordering requirements, then you will need to contact our Customer Service Centre during Contact Hours. If we agree to an Order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders. In this regard, we recommend that you allow at least 3 days between ordering and delivery or such other time that we notify you of at the time we accept your Order. We reserve the right to agree or refuse to an Order that differs from our usual requirements on each occasion in our sole and absolute discretion.
4. If we reasonably believe you are placing multiple Orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such Orders may be cancelled by us without notice to you.

3.3 Delivery of Ozzy Mart Products

1. We will only deliver Ozzy Mart Products ordered through the Site to a location where we provide delivery services. You may receive multiple deliveries for your Ozzy Mart Order and these are described at the point of checkout.
2. If you select to have your Ozzy Mart Order delivered, you may select whether to have that Order delivered:
   • in cardboard box, which are designed to be reused and may be recycled in store or with your delivery partner driver at the time of your next delivery order (noting that Ozzy Mart may suspend this box return service at any time and at its discretion); or
   • in paper bags, which may be recycled in your curb side recycling program; or
3. You may obtain further information on the Site about our delivery timeframes and how we deliver your Ozzy Mart Products. At the time you select your Ozzy Mart Products you will be given an option to select a timeframe for delivery. Although we endeavour to deliver those Products within the timeframe provided at the time of your Order these timeframes are indicative only. Delivery times may be delayed due to traffic or other unforeseen circumstances and Ozzy Mart will not provide any refund or discount on your Ozzy Mart Order or Delivery Fee for late deliveries.
4. If you select the “leave unattended” option for your Ozzy Mart Order, we will endeavour to contact you at the Delivery Address or on your nominated telephone number once we arrive at the Delivery Address. If we cannot contact you, we will leave your order unattended at your nominated spot at the Delivery Address or such other spot which we determine is suitable for delivery at the time.
5. We may deliver your Ozzy Mart Order using a “contactless delivery service” and will deliver the Ozzy Mart Products to the front door at the relevant Delivery Address, take a photo of the Ozzy Mart Products to confirm delivery and knock on your door or otherwise attempt to notify you of your delivery. You must be present at the Delivery Address to accept a “contactless delivery” however you will not be required to provide a signature upon delivery. You agree that we will not be responsible for any loss or damage caused to your property or suffered by you in connection with our delivery of Ozzy Mart Products to the Delivery Address. We ship small items (eg. gift cards) in your Ozzy Mart Order via standard delivery.
6. You agree to comply with certain delivery requirements specified below and such other requirements that we notify to you when you place your Ozzy Mart Order through the Site.
7. We will require the person accepting the delivery of your Ozzy Mart Order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the Ozzy Mart Order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.
8. You:
   1. acknowledge and agree that any person at the Delivery Address who receives the Ozzy Mart Order is authorised by you to receive your Ozzy Mart Order and, where relevant, make payment for that Ozzy Mart Order;
   2. You acknowledge that we may record the details of any identification provided in relation to delivery of Ozzy Mart Products.

• Your Ozzy Mart Order may be delivered by our staff or by our delivery partner drivers. Please note that our delivery partner drivers do not wear Ozzy Mart uniforms, and while many of your Ozzy Mart Orders will be delivered in vehicles with Ozzy Mart branding by either our staff or by our delivery partner drivers, there may be some Ozzy Mart Orders that are delivered in plain vehicles.

3.4 Remote Delivery Ozzy Mart Orders

1. If your Ozzy Mart Order is a Remote Delivery Order we will not be able to deliver your Order to your selected address and you will need to nominate a courier or other transport provider to deliver your order to your location.
2. We may provide details of couriers or transport providers previously nominated by customers in your location when you select your address online. However, it is your responsibility, in accordance with clause 3.4(g), to ensure that the courier or transport provider you select is appropriate for your Remote Delivery Order. If you do not wish to use the suggested provider, or no suggestion is made, you will need to call our call centre to nominate your preferred provider.
3. When you place a Remote Delivery Order, you are responsible for contacting the nominated provider directly and as soon as possible to book your delivery and confirm the costs you will need to pay the provider directly for the service.
4. If you fail to book a provider, your Ozzy Mart Order will be either delivered to the provider’s address and Ozzy Mart will not be responsible for the Ozzy Mart Order once delivered, or returned to our store and additional delivery charges may apply for any re-delivery of your Ozzy Mart Order. We will contact you in either of these circumstances.
5. Any courier or transport provider nominated by the customer to deliver a Remote Delivery Order is engaged solely by you at your own cost and risk and are not to be taken to be contractors or agents of Ozzy Mart.
6. Once your Remote Delivery Order has been delivered to the premises of your nominated courier or transport provider Ozzy Mart is no longer liable for any loss or damage to your Ozzy Mart Order and you become fully responsible for your Ozzy Mart Order.
7. Ozzy Mart will ensure that your Ozzy Mart Order is delivered to the premises of your nominated courier or transport provider in a manner that minimises any food safety risk including, for example, by freezing certain perishable items. We recommend that you ensure that your nominated provider provides adequate transportation facilities with appropriate storage temperatures to safely deliver your specific Ozzy Mart Order to your location. Ozzy Mart will not provide, or be responsible for providing any refrigeration or other transport facilities or packaging required to transport your specific Ozzy Mart Order to your location.

3.5 Risk and title

Where Ozzy Mart Products are delivered by us:

1. risk in the Products passes to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address);
2. for Ozzy Mart Orders with Pick Up Service, risk in the Products passes to you on the date and time of collection from Ozzy Mart store or Direct to boot Location; and
3. title to the Products passes to you on the later of the date and time of:
   • payment for those Products;
   • delivery of those Products to the Delivery Address (including unattended deliveries at the Delivery Address); and
   • for Ozzy Mart Orders with Pick Up Service only, collection of those Products from Ozzy Mart store.

3.6 Cancellation of Ozzy Mart Orders

1. We may cancel any Ozzy Mart Order or part of a Grocery Order (including any Ozzy Mart Orders that have been accepted) without any liability to you for that cancellation at any time if:
   • the requested Products in that Ozzy Mart Order are not available; or
   • there is an error in the price or the product description posted on the Site in relation to the relevant Product in that Order; or
   • that Ozzy Mart Order has been placed in breach of these terms and conditions.
2. If an Ozzy Mart Order is cancelled in accordance with:
   • clause 3.6(a)(i) or 3.6(a)(ii) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation and will not charge you for the cancelled Ozzy Mart Order. If any payment has been taken for the cancelled Grocery Order, then the full payment amount, including any Delivery Fee or other fees and charges, will be refunded to your original payment method or through an alternative means.
   • if your Ozzy Mart Order is cancelled under clause 3.6(a)(iii), or where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation. If your Ozzy Mart Order is cancelled before the day of delivery or collection, depending on the payment method used, we will either not charge you, or if we have taken payment for the Ozzy Mart Order at the checkout then we will refund the full amount paid, including any Delivery Fee and other fees and charges, to your original payment method or through an alternative means. If your Ozzy Mart Order is cancelled on the day of delivery or collection, provided we are not also in breach of these terms and conditions, then we may charge you a cancellation fee and will refund you any excess amount to your original payment method or through an alternative means.

3.7 Amending your Ozzy Mart Order

1. If you amend an existing Ozzy Mart Order, then:
   • your original Ozzy Mart Order and reserved delivery window will be cancelled and items will be placed into your trolley for amending and resubmitting through the checkout;
   • you will need to select a new delivery pick up date and time in respect of your amended Ozzy Mart Order;
   • all prices for Products in your amended Ozzy Mart Order will update to the current website prices at the time you submit your amended Ozzy Mart Order and previous pricing in your original Ozzy Mart Order will not apply;
   • any offers or coupons applied or used when you placed your original Ozzy Mart Order will not be applied to your amended Ozzy Mart Order and cannot be used for future Orders;
   • subject to below clause 3.7(b)(viii), if we only pre-authorised payment for your original Ozzy Mart Order at checkout and the amount payable for your amended Ozzy Mart Order is more than the amount pre-authorised, your original pre-authorisation will remain and we will either charge you the additional amount or separately pre-authorise the additional amount owing at the time of your amended Ozzy Mart Order depending on the payment method used for the amended Ozzy Mart Order;
   • if you were charged for your Ozzy Mart Order at the checkout and the amount payable in respect of your amended Ozzy Mart Order is less that the amount you have paid in respect of your original Ozzy Mart Order, we will refund the difference back to your original payment method or alternative means within 3-5 Business days of the amended Ozzy Mart Order being placed;
   • if you were charged for your Ozzy Mart Order at the checkout and the amount payable in respect of your amended Ozzy Mart Order is more than the amount paid in respect of your original Ozzy Mart Order, we will either pre-authorise payment or charge you the additional amount at the time you amend your Ozzy Mart Order, depending on the payment method used; and
   • if you amend your Ozzy Mart Order so that delivery is scheduled to occur 7 days after the date of your original Order and we only pre-authorised payment for your original Ozzy Mart Order, we may ask to take payment for your amended Ozzy Mart Order at the time you confirm your amended Ozzy Mart Order and will provide you with a refund for any out of stock items or weight ranged products supplied below the maximum weight once we pick your amended Ozzy Mart Order.

3.8 Substitution of Ozzy Mart Products

1. You acknowledge that an Ozzy Mart Product that you order may be out of stock or temporarily unavailable. If this happens, then we may not be able to provide you with that Product.
2. If we are unable to provide you with a Product, for Ozzy Mart Orders, we will endeavour to automatically provide you with a substitute Ozzy Mart Product:
   • when the Ozzy Mart Product you have selected is not available; or
   • if we are not able to supply to you the Ozzy Mart Product that you have selected.

We aim to select substitute Ozzy Mart Products that are of similar value and quality, but we reserve the right not to provide you with a substitute Ozzy Mart Product even if a suitable substitute Ozzy Mart Product is available. We may not provide a substitute option for some Ozzy Mart Products (e.g., baby formula).

1. 1. For Ozzy Mart Orders, we will endeavour to provide you with a substitute Ozzy Mart Product where the price for that substitute Product is of equal or greater value than the Product you selected. If so, then we will charge you the price of the Ozzy Mart Product you ordered rather than the price of the substitute Ozzy Mart Product.
   2. Where an Ozzy Mart Product that you have selected is substituted with another Ozzy Mart Product, we cannot ensure that that substitute Ozzy Mart Product caters to your specific dietary requirements, including allergies. Please read the labels of each Ozzy Mart Product (and any substitute Ozzy Mart Product provided to you) for dietary and allergy information.

 

3.9 Unavailable or missing items

1. For Ozzy Mart Orders paid for using some payment methods (including debit and credit cards) we may pre-authorise the amount payable for your Order and only charge you the full amount adjusted to account for any out of stock items or weight ranged products supplied below the maximum weight at the time we pick your Order. For other payment methods we may not be able to do this, and may charge you the full amount at the checkout and refund you for any out of stock items or weight ranged products supplied below the maximum weight at the time we pick your Order. If you select a delivery time that is 7 days or more from the date you checkout, we will charge you for your Order at the checkout irrespective of the payment method used.
2. If there are any Ozzy Mart Products missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing Ozzy Mart Product is marked as out of stock. If so, then we will provide you with a refund to your card of purchase or coupon for the Ozzy Mart Products that were not supplied.
3. In all other circumstances, you may contact our Customer Service Centre during Contact Hours within 24 hours after the delivery or collection 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, we will provide you with a credit to your relevant card account within 3-5 business days for the Ozzy Mart Products that were charged but not delivered to you.

3.10 Ozzy Mart Returns Policy

All products you buy at Ozzy Mart website or mobile application, except for Gift Cards, are covered by this Ozzy Mart Returns Policy.

 

 

If you’ve changed your mind

Refunds

Until further notice, we will not provide a refund where you have changed your mind about products purchased from Ozzy Mart.

Exchanges

We will happily provide an exchange where you have changed your mind about a product purchased from Ozzy Mart provided that the product:

• is returned to us with a receipt within 7 days of purchase;
• is in its original condition, including with packaging; and
• has not been used or opened

 

Faulty products

With Proof of Purchase

If the product you buy from Ozzy Mart is faulty then we will cheerfully refund the purchase price, exchange or repair the product.

For some high value items, Ozzy Mart reserves the right to have the product assessed for acceptable quality prior to providing you with a suitable remedy. For products that cannot be assessed in-store, we will arrange for the product to be sent to the manufacturer (or relevant repair agent) for assessment.

It may be more convenient for you to liaise with the manufacturer directly (which may be more time efficient). You certainly have that option. Our service desk staff are happy to provide you with their relevant contact details to assist you.

To make a claim under the Ozzy Mart Returns Policy, you must return the relevant item (covered by the Ozzy Mart Returns Policy) at the service desk of Ozzy Mart office. Any cost incurred by you in bringing the item to the service desk will be borne by you.

Without Proof of Purchase

If you do not have proof of purchase and you wish to return a faulty or defective product, we will, at our option, reserved the rights to make any decision about that product

Rainchecks

Until further notice, rainchecks will not be available on any advertised stock purchased. ‘Advertised stock’ includes any product advertised for sale, or which is on promotion in an Ozzy Mart store or online.

4. General

4.1 Liability

1. Our goods and services come with guarantees that cannot be excluded under the Consumer Law. For major failures with the service, you are entitled:
   • to cancel your service contract with us; and
   • to a refund for the unused portion, or to compensation for its reduced value.
2. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
3. Without excluding, restricting, or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Consumer Law or Ozzy Mart’s liabilities under those provisions:
   • you acknowledge that each Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
   • we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
   • we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
4. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

4.2 Intellectual property rights

1. You:
   • acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Materials), are owned by or licensed to us;
   • must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
   • must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
2. You may:
   • store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
   • print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
3. This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties without obtaining the relevant third party owner’s consent.

4.3 Changes to these terms and conditions

1. We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.
2. If you have an Ozzy Mart Order that has been accepted by us, the terms and conditions that will apply to the relevant Order are the terms and conditions that are applied at the time you place your Order.

4.4 Severability

If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.