Terms of service

Definitions

“the Company” means Smart Legal Services Pty Ltd (ABN 68 116 871 795) or T/A Agence de Parfum, its successors and assigns or any person acting on behalf of and with the authority of Smart Legal Services Pty Ltd (ABN 68 116 871 795) or T/A Agence de Parfum.

“Purchaser” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Buyer is a reference to each Buyer jointly and severally.

“Goods” means all Goods or Services supplied by the Supplier to the Buyer at the Buyer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

Acceptance The Purchaser is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Purchaser places an order for or accepts delivery of the Goods. These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or agreement between the Purchaser and the Company.

Terms of Payment. Unless otherwise agreed to or specified in writing by the Company, payment for the goods shall be made by the Purchaser prior to dispatch. Dispatch will occur within 48 hours of receipt of payment or such other time as advised by The Company. A surcharge may be automatically applied to payments made by Credit Card. The obligation of the payment contained in the above shall be binding upon the Purchaser and enforceable by the Company notwithstanding that title has not passed until payment has been made Should the Purchaser delay or default in respect of any amount due the Company has right to charge interest at a rate equivalent to 15% per annum calculated from the due date until full final payment, along with any costs borne by the Company in the course of collecting the amount. Any payment made by the Purchaser will first be credited against any interest or costs accrued. Acceptance/Returns: The Purchaser shall inspect the goods forthwith upon delivery and shall within three (3) days from the date of delivery give written notice to the Company of any matter or thing by reason whereof the Purchaser may allege that the good are not in accordance with the contract. The Company reserves its right to respectfully refuse any such claims in its absolute discretion.  Title notwithstanding that risk in the goods shall pass to the Purchaser as provided herein, title for the good shall remain with the Company until all monies owing by the Purchaser to the Company have been paid in full, whether such monies are in respect of the monies payable under a specific Contract or on any other account whatsoever.  Until such time the Purchaser shall, until such time agreed in writing by the Company, store the goods so as to indicate that they are the Company’s good and the Purchaser shall hold the goods as bailee thereof only subject nevertheless to its right to deal with the goods in the ordinary course of business on the basis that any monies received as a result of such dealing shall be by the Purchaser as trustee for the Company and for the benefit of the Company.

Security for amounts owed.

You agree that any amounts you owe us constitute both a ‘security interest’ as defined under the Personal Property Securities Act 2009 (Cth) (“PPSA”) and a caveatable interest in land that may be the subject of a Caveat under the Real Property Act 1900 and the rules of equity. You charge your property (both real and personal) with repayment of any amounts you owe us, until those amounts are repaid. ‘Amounts’ for this purpose include debt recover and legal costs.  You agree that we may register our security interest on the Personal Property Securities Register (PPSR) and / or a Caveat on the title of any real property you presently own or may acquire in the future and you hereby give your irrevocable consent for us to do so to secure the charge granted to us. The security interest granted to us may take the form of circulating or non-circulating collateral, or an equitable interest in land presently owned or future acquired. Our rights under these terms are in addition to and not in substitution for our rights under other law (including the PPSA) and we may choose whether to exercise rights under our agreement and/or under such other law, as we see fit. You waive your rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPSA. We agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA.  

Privacy Act 1988:  The Purchaser agrees for the Company to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Purchaser in relation to credit provided by the Company. The Purchaser agrees that the Company may exchange information about the Purchaser with those credit providers and with related body corporates for the following purposes: (a) to assess an application by the Purchaser; and/or (b) to notify other credit providers of a default by the Purchaser; and/or (c) to exchange information with other credit providers as to the status of this credit account, where the Purchaser is in default with other credit providers; and/or (d) to assess the creditworthiness of the Purchaser including the Purchaser’s repayment history in the preceding two (2) years. The Purchaser consents to the Company being given a consumer credit report to collect overdue payment on commercial credit.  The Company agrees that personal credit information provided may be used and retained by the Company for the following purposes (and for other agreed purposes or required by): (a) the provision of Goods; and/or (b) analysing, verifying and/or checking the Purchaser’s credit, payment and/or status in relation to the provision of Goods; and/or (c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Purchaser; and/or (d) enabling the collection of amounts outstanding in relation to the Goods.