TERMS AND CONDITIONS
Our Disclosures:Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
Nothing in these terms limit your rights under the Australian Consumer Law. |
1 Introduction
(a) This website (Site) is operated by Gradualise Pty Ltd trading as Gradualise (ABN: 69657934391)(we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.
2 Use of the Site
(a) You accept these Terms by placing an order via the Site.
(b) You must not use the Site and/or place an order for products through the Site unless you are at least 16 years old.
(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(1) anything that would constitute a breach of an individual’s privacy or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6) using the Site to send unsolicited electronic messages;
(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8) facilitating or assisting a third party to do any of the above acts.
3 Accounts
(a) You must create an account in order to purchase products from us.
(b) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date.
(c) It is your responsibility to keep your account details confidential, including the password you create when setting up your account. You are responsible for all activity on your account, including purchases made using your account details.
4 Orders
(a) You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
(b) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
(c) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
(d) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order ID, the delivery and billing addresses and a description of what was ordered.
(e) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
(f) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order to arrange for a refund.
(a) You must pay us the listed purchase price of each product you order (the Price), plus any applicable delivery costs and transaction fees as set out on the Site in accordance with this clause. All amounts are stated in Australian dollars, and our gold bullion products do not incur GST. Note however, that GST may apply to any Additional Fees.
(b) There are various options for payment; payment in full upfront and others yet to be available.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(d) The payment methods we offer are set out on the Site.
(e) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
(f) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.
(g) We may from time-to-time issue promotional discount codes for certain products on the Site.
(h) To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.
(i) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
(j) Where you engage us for storage services, you agree that these services will be governed by our Storage Terms and Conditions.
6 Gradualise Now
(a) We may offer you our ‘Gradualise Now‘ option, allowing you to pay for the products on lay-by. If available to you, the ‘Gradualise Now’ option must be selected at checkout in order to pay
using this method.
(b) If you select ‘Gradualise Now’ as your payment method, you can select to pay the Price through (i) 4 x fortnightly payments. Each payment made towards the Price is an Instalment
under these Terms.
(c) After locking in the purchase of the product at the listed Price on the date of purchase, you are required to pay your deposit at checkout, as set out on the Site.
(d) We will invoice you at the frequency you have chosen for the remaining amount due and payable, and you must pay each Instalment in accordance with the payment schedule for the ‘Gradualise
Now’ from available different payment type.
(e) Once the Price and any Additional Fees owing have been paid in full, we will contact you to confirm whether you would like the products stored or delivered to you. Storage and delivery are
additional costs, and we will inform you of how these costs are calculated prior to you placing your order for the products.
(f) If you do not pay any of the Instalments owing within 14 days of the due date, we may cancel your order for the products. Once an order has been cancelled by us under this clause, we
will refund you the value of any Instalments made by you to the payment method on which you paid the Instalments, less the Cancellation Fee.
(g) If you cancel the order once it has been made for any reason, we will refund you the value of any Instalments paid to us for that product, less the Cancellation Fee.
(h) The Cancellation Fee is equal to 8% of the product Price. You agree that the Cancellation Fee is reasonable for us to cover the storage of the product and administrative costs of cancellation.
(i) If we cancel the order due to the product no longer being available due to reasons out of our control, we will refund you any Instalments paid, and you will not pay the Cancellation
Fee.
(j) You agree that we may set-off or deduct from any monies payable to you under this Agreement, any amounts which are payable by you to us.
7 Customer Identification
(a) We are required to comply with the Anti-Money Laundering and Counter-Terrorism Financing Act (Cth) (AML/CTF Act). As part of our obligations under the AML/CTF Act, we are required to verify your identity when processing orders of over $5,000.
(b) As part of our verification procedures, where your transaction is over $5,000, you are required to provide us with your full name, and date of birth or residential address. To verify these details, you may be asked to provide a current drivers licence, passport, or other form of acceptable government identification, plus any requested ancillary identification documents such as a utility bill or concession card. You acknowledge that it is an offence to provide false or misleading information about your identity.
(c) Your identity may be verified electronically or through document-based verification. You agree to verification of your identity documents by making a purchase over $5,000 with us, and agree to our nominated third-party processor using the information provided to verify your identity. If we are unable to verify your identity electronically, we will advise you if this is the case as soon as practicable.
(d) The identity documents provided to us must match the identity of the customer making the purchase for products on our Site.
(e) We are required to hold and store this information, and disclose this information to the relevant authorities where required by law.
(f) You may refer to our Privacy Policy available here for more information on how we use and share personal information.
(g) For purchases under $5,000, we may still request verification of identity at our own discretion.
8 Delivery, title and risk
(a) We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
(b) Delivery costs are set out on the Site and are to be paid in addition to the Price.
(c) We normally dispatch products within 3 working days of receiving full payment of the Price relating to an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
(d) If you need to change the delivery day or delivery address, please notify us immediately in writing.
(e) We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.
(f) Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
(g) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
9 Returns
Change of mind returns
(a) We do not accept returns for change of mind or other circumstances once the products have been shipped. You may have rights under the Australian Consumer Law (see below) in addition to this clause.
(b) You may have rights under the Australian Consumer Law (see below) in addition to this clause.
10 Australian Consumer Law
(a) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which 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. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(b) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
(c) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.
11 Limitations
(a) You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
(b) Despite anything to the contrary, to the maximum extent permitted by law:
(1) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
(d) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
(1) loss of, or damage to, the products, or any injury or loss to any person;
(2) failure or delay in providing the products; or
(3) breach of the Terms or any law,
where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control; or
(5) act or omission of you or your related parties.
12 Intellectual property
(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your own personal use, and in the manner in which it was intended to be used.
(c) You must not, without our prior written consent:
(1) copy, in whole or in part, any of Our Intellectual Property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
(d) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(1) you do not assert that you are the owner of Our Intellectual Property;
(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(4) you comply with all other terms of these Terms.
(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(d) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(e) Entire agreement: Subject to your rights under the Australian Consumer Law, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
(f) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(g) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
(h) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
For any questions and notices, please contact us at:
Gradualise Pty Ltd trading as Gradualise (ABN: 69657934391)
Email: info@gradualise.com.au
Last update: 3 Jun 2022
Schedule 1 – Additional Fees and Deposit
Buy Now – Additional Fees
|
Fee type |
When it is charged |
Is GST included in the fee |
Minimum fee (note the actual fee may be above this) |
How the fee is calculated |
|
Online processing fee |
At checkout (one-off fee) |
Yes |
No minimum |
1.5% of Price |
|
Online transaction fee |
At checkout (one-off fee) |
Yes |
$0.25 |
Fixed fee of $0.25 |
|
Delivery fee |
At checkout (one-off fee) |
GST will be added at checkout |
$25 |
1% of Price |
|
Storage fee |
When you request storage services based on duration |
GST will be added at checkout |
$15 per year |
1% of Price |
Gradualise Now – Additional Fees
|
Fee type |
When it is charged |
Is GST included in the fee |
Minimum fee (note the actual fee may be above this) |
How the fee is calculated |
|
Online processing fee |
At checkout (one-off fee) |
Yes |
No minimum |
1.5% of Price |
|
Online transaction fee |
At checkout (one-off fee) |
Yes |
$0.25 |
Fixed fee of $0.25 |
|
Delivery fee |
At checkout (one-off fee) |
GST will be added at checkout |
$25 |
1% of Regular Price |
|
Storage fee |
When you request storage services based on duration. |
GST will be added at checkout |
$15 per year |
1% of Regular Price |
More information about our Additional Fees:
|
Fee type |
Why this fee is charged |
|
Online processing fee |
This fee is payable to our payment processor, and is charged as a percentage of the transaction price for each payment you make to us. |
|
Online transaction fee |
This fee is payable to our payment processor, as a standard fee for the use of a debit or credit card for each payment you make to us. |
|
Transaction admin fee |
This fee is payable to us for the administrative costs associated with each Chosen Payment by you. |
|
Account keeping fee |
This fee is charged for any outstanding orders that have not been paid in full each year. The first account keeping fee will be billed 365 days after the order has been made, and every 365 days after this, until the order is paid in full. This fee covers the administrative costs associated with outstanding orders. |
|
Cancellation fee |
This fee is charged if you cancel your order after it has been made, and covers the administrative costs associated with cancelling the order, and relisting the product for sale. This fee will also apply if any Additional Fees remain unpaid by you for 90 days after the due date. |