Terms and Conditions of Sale

About Serene Industries Online

General

(1) Your purchase of goods from www.serene-ind.com (“website”) is subject to these Terms and Conditions of Sale (“Terms”) and the Privacy Policy. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

(2) Serene Industries Limited carries on business from the website.

(3) The goods and services described in this website are available in Australia only from Serene Industries Limited  and available for you to make an offer to Serene via the website to purchase at the specified price or until otherwise removed from the website or as specified, and where Serene accepts your offer, Serene Industries Limited will sell the goods or services to you in accordance with these Terms.

(4) You and Serene Industries Limited may enter into a sale contract for the sale and supply of products, by you making an offer to Serene via the website, to purchase goods at the specified price, subject to these Terms.

(5) The “Serene’ logo and words are registered trade-marks of Serene Industries Limited.

(6) In these terms:
– “you”, “user”, and “guest” means anyone who visits and/or uses this website.
– a reference to the “websites” means Serene Industries Limited.
– “Order” means an offer made by you in response to an invitation to treat made by Serene Industries online via the website url.

User Agreement

(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.

(2) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

Guest and Registered user

(1) You may access and/or use the website as a guest or register an account.

(2) Any Order and/or purchase made by you using this website is an acknowledgement by you that you:

  1. are over the age of eighteen (18) years;
    ii. accept these terms;
    iii. agree that you have entered into a legal contract with Serene Industries Limited in relation to these terms; and
    iv. these terms, together with your order, constitute the entire agreement between you and Serene Industries Limited for the supply of products.

(3) Serene Industries reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Serene Industries Limited may suffer as a result of a transaction entered into by a minor.

Orders

(1) We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

(2) Representations of products for sale made by Serene Industries Limited via the website do not constitute an offer to sell but an invitation to treat.

(3) You and Serene Industries Limited may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:

(i) placing an electronic Order for the products using the website;
(ii) you confirming the Order details in accordance with the procedure on the website;
(iii) you making payment in full (plus any applicable delivery charges) on the website; and
(iv) the acceptance of that offer by Serene Industries Limited.
(4) Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms.

(5) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:

(i) any requirements set out in these terms have been met;
(ii) the electronic instruction containing the offer from you enters and is recorded in our database;
(iii) a record is created and stored in our database; and
(iv) Serene Industries Limited receives in its account or the account of any 3rd party provider full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

(6) You acknowledge that:

(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Serene Industries Limited for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of any third party website providers or systems;
(ii) to the extent permitted by law, Serene industries Limited is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) Serene Industries Limited may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(iv) Serene Industries Limited may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

(7) You will receive an email from Serene Industries Limited and /or our 3rd party providers as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact our Customer Service Team at auinquary@serene-ind.com.

(8) If your Order is not accepted by Serene Industries Limited, Serene will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

(9) Serene Industries Limited may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

(10) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Serene industries Limited cannot supply a particular product, Serene will notify you by telephone or email as soon as possible.

(11) Serene Industries Limited will be deemed to have accepted your Order when your Order is delivered to your specified delivery address.

If you have any query about the progress of your Order please contact our Customer Service Team. Please have your Order number handy as shown on the email confirmation.

Price

(1) Prices shown are in Australian dollars. Prices include delivery and handling charges. Prices are subject to change.

(2) Any published saving in respect of a product is by reference to the lower of the recommended retail price of Serene Industries Limited.

(3) Images of products shown without any advertised price beside that image are not offered for sale.

(4) Unless otherwise stated, any accessories shown in any image of products are not included in the price.

(5) We reserve the right to correct any errors published on the website.

Payment

(1) All payments must be made in full prior to delivery.

(2) Payments must be made via the PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

Supply and Delivery

(1) Subject to you complying with these Terms and acceptance of your Order by Serene Industries Limited Serene will sell and supply the products to you as shown on your Order confirmation.

(2) Products may not be available from time to time for immediate delivery. Serene Industries Limited will endeavour to deliver your Order to you within fourteen business days (14) of the date your order was placed

(3) Due to lack of stock availability for 30 days or more, you may cancel your Order without charge, and Serene Industries Limited will arrange for a full refund of any payment made by you to be processed.

(4) Delivery times may be greater than 14 business days for remote areas.

Delivery by Post or Carrier

(1) The terms of this clause apply where you select to have your goods delivered to a specified address.

(2) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.

(3) On receipt of your Order by Serene Industries Limited, your Order will be dispatched to your specified delivery address.

(4) You may be required to be available in person to accept delivery of your Order.

(5) Serene Industries Limited will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Serene does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

(6) You must advise at the time you place your Order via the website or later when you discuss delivery with Serene Customer Service, of any difficulties that may be involved in the delivery. If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you may be liable for any extra charges including redelivery fees and the cost of an extra person to assist.

(7) Serene Industries Limited cannot and will not accept responsibility for delivery failures or delays by our third – party delivery contractors.

Title and Risk in goods

Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

Paypal and Credit Card Fraud

(1) The website employs the latest in Secure technologies and the PayPal secure payment gateway to secure our payment systems.

(2) To the extent permitted by law, Serene Industries Limited will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

Disclaimer and Indemnity

(1) To the extent permitted by law,  Serene Industries Limited exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

(i) errors, mistakes or inaccuracies on the website;

(ii) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;

(iii) personal injury or property damage of any kind resulting from your access or use of the website;

(iv) any unauthorised access to or use of the websites secure servers;

(v) any interruption or cessation of transmission to or from the website;

(vi) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or

(vii) the quality or fitness for any purpose of any linked sites.

(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Serene Industries limited and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

(3) You will at all times indemnify, and keep indemnified, Serene Industries Limited including  directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

Damaged, Faulty products & Refund Policy

(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have:

– (a) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or

– (b) to receive a refund of the price paid by you for the product.

Privacy and Personal Information

(1) Our Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth).

(2) The privacy of your personal information is important to Serene Industries Limited.

(3) Serene Industries Limited and its third parties may collect personal information directly from you when you place an Order, or when you contact our Customer Service Team. Personal information may include your name, residential and/or postal address, telephone number and email address.

(4) Your personal information is not collected if you only browse this website.

(5) Online payments are handled by Paypal. Serene Industries Limited does not store your credit card or banking details. Please check the paypal.com.au and/or paypal.com.hk websites for details of their privacy policies and security measures.

(6) Serene Industries Limited, and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Serene Industries Limited and/or its third party providers may use your email address to send you messages concerning any Orders you place and information about the products sold via the website that Serene Industries Limited believes may be of interest to you.

Force Majeure

Serene Industries Limited will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

Governing Laws

(1) These terms will be governed by and interpreted in accordance with the laws of Hong Kong SAR China and you irrevocably submit to the non exclusive jurisdiction of the Courts of Hong Kong SAR, China. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

(2) If you access the website in a jurisdiction other than Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Serene Industries Limited.

Transfer and Assignment

If Serene Industries Limited merges, sells or otherwise change control of its business or this website to a third-party, Serene Industries Limited reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Serene Industries Limited has collected from you and any agreements it has made with you.

Waiver

The failure by Serene Industries Limited to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by The Managing Director.

Serene Online Terms and Conditions of Sale
Version 1.0 | 31 March 2020