Terms & Conditions

1. The generation and forwarding of an order by you (the "Customer") using www.tantrumwake.com.au constitutes an offer to purchase the products from Tantrum Wake. All orders are subject to acceptance by Tantrum Wake, and are otherwise subject to its general terms and conditions of sale.

1. The display of products and prices on www.tantrumwake.com.au does not constitute an offer by Tantrum Wake. to unconditionally supply the products at displayed prices. All products and prices shown are indicative only, and are subject to product availability and price changes
2. All product descriptions are either provided directly from the product manufacturer, or based upon information provided directly by the product manufacturer. As a reseller only, and to the fullest extent permitted by law, Tantrum Wake. excludes all responsibility or liability for or arising out of any inaccurate or erroneous product description which appears on www.tantrumwake.com.au
3. All intellectual property rights to www.tantrumwake.com.au, including design layout, graphics and content belong to Tantrum Wake. No copying, modification or distribution of the same is permitted without the prior written consent of Tantrum Wake.
4. Tantrum Wake accepts no liability for the Customer's security breaches, unauthorised use of the Customer's credit card or credit account, fraud, forgery or mistaken or unauthorised orders or payments.
5. Tantrum Wake shall not be responsible for any errors or omissions contained in or on www.tantrumwake.com.au. The Customer relies on the information contained in www.tantrumwake.com.au at its own risk. The information in www.tantrumwake.com.au is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.
6. Tantrum Wake reserves the right to make any changes to the information contained in and the layout of www.tantrumwake.com.au, including changes to its product range, ordering mechanisms and ordering terms.
7. Except in respect of implied warranties which cannot be excluded by law, Tantrum Wake does not make any representation or warranty about the accuracy, suitability for any purpose, merchantability of, title to or usefulness of the information on and contents of www.tantrumwake.com.au or the products it supplies.
8. Except as may be prescribed or implied by law, Tantrum Wake shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to www.tantrumwake.com.au or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.

www.tantrumwake.com.au - General Terms and Conditions of Sale

1. All goods and services ("Products") supplied by Tantrum Wake. are supplied on these terms and conditions, the supply of which is also subject to additional terms and conditions of sale.
2. No order shall be binding on Tantrum Wake until accepted by Tantrum Wake. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Tantrum Wake of an order from the Customer. Tantrum Wake reserves the right to accept any order in whole or in part. Where Tantrum Wake makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Tantrum Wake.
3. All orders must be paid for via valid credit card at the time of order placement.
4. Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Tantrum Wake. Risk in the Products will pass on delivery to the Customer.
5. Tantrum Wake reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values.
6. Any Products which are damaged or defective, delivered after their "use by" or "best before" date, or which are not otherwise in accordance with the Customer's order, may be returned to Tantrum Wake within 1 week of invoice date. Products may not otherwise be returned.
7. Goods may be exchanged within 1 week of invoice date, provided they are returned unworn, unwashed and otherwise in a saleable condition. Standard postage & handling rates will be deducted from your credit card for re-delivery within Australia or New Zealand. For overseas exchanges, re-delivery costs will be at the original freight charge.
8. Except for those required or implied by legislation, Tantrum Wake gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of Tantrum Wake. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of Tantrum Wake under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or Tantrum Wake to:
9. If the breach or liability relates to goods:
10. the replacement of the goods or the supply of equivalent goods;
11. the repair of the goods;
12. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
13. the payment of the cost of having the goods repaired;
14. if the breach or liability relates to services;
15. the supplying of the services again; or
16. the payment of the cost of having the services supplied again

17. Except as expressly provided above, Tantrum Wake shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Tantrum Wake. or the failure of Tantrum Wake. to comply with these terms and conditions.

18. These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer's order. In the event of any inconsistency, Tantrum Wake will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Tantrum Wake reserves the right to change these Terms and Conditions at any time.
19. Tantrum Wake reserves the right to recover from the Customer all goods and services tax ("GST") payable in respect of the supply of goods and services to the Customer.
20. These terms and conditions are governed by and will be construed in accordance with the laws of New South Wales and the parties agree to submit to the jurisdiction of the courts of that state.
21. The failure by Tantrum Wake to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.