These terms and conditions apply to all your purchases from The Clever Owl. They contain very important information about your legal rights and obligations, including legal limitations and exclusions that apply to you. By placing an order for any product from The Clever Owl, you ("Customer / Consumer") agree to be bound by the terms and conditions listed below. You and The Clever Owl agree that the following terms and conditions are the exclusive terms governing the sales transaction between the Customer and The Clever Owl. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from The Clever Owl.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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. In addition to the rights and remedies you may have under the Australian Consumer Law you may also be entitled to benefits under the terms of any additional manufacturer's warranty. The manufacturer's warranty (if it applies to your product) does not in any way affect your rights under the Australian Consumer Law.
A backorder occurs when we don't have the product in stock and will need to order it from our suppliers. This procedure generally takes 1 - 14 days for the stock to arrive at our warehouse. Usually when backorders occur we will notify you the estimated time of arrival (ETA) by email or phone.
No modification of orders (changing items) can occur after your order has been approved and is in the "Processing" status, unless the item is on a lengthy back order.
Dispatch times are subject to stock availability and may vary due to stock being sold out.
Orders: An order is not binding upon The Clever Owl until it is accepted & approved by The Clever Owl. The Clever Owl must receive full payment before it will accept, approve & process an order. Payment for product(s) ordered is due prior to shipment & back orders (pre-order).
The Clever Owl only accept payments made by;
• Credit or Debit Card
• Direct Deposit transfer only
Credit Card Fee: We have 2% Credit Card Bank Transaction Fee on VISA.
PayPal incurs a 2.0% bank transaction fee on all orders.
Please note all Direct Deposit orders will be cancelled where payment funds have not been received by The Clever Owl in 3 business days
As part of our verification process we will utilise various procedures to ensure ultimate protection to the Credit Card holder.
These processes may include but not limited to charging a small amount randomly under $2 requiring confirmation prior to approval; verbal verification via phone or a request for photo identification including valid Driver Licence, Utilities bill or the copy of the credit card. Please note: The Clever Owl reports all attempted credit card fraud immediately to Australian Federal Police (www.afp.gov.au)
Our website is updated frequently to ensure that you'll view the latest products and correct pricing available, and that you receive all of the latest savings. At the time you make a purchase you agree to the listed price. The listed price is subject to change.
The Clever Owl reserves the right to make changes and corrections in prices, products and specifications without notice due to errors arising from misprints, technical and human errors.
All product images on The Clever Owl website may vary from the actual product. All typographical errors are subject to correction. Please note that images are only to be used as a point of reference and are not indicative, in any way, of the actual product.
Please be assured that The Clever Owl make every effort to ensure product description accuracy, however specifications, features, documents and graphics published may contain technical inaccuracies or typographical errors. If an error is made or a product is listed at an incorrect price, The Clever Owl will endeavour to correct the error as soon as possible. Should you receive an order which does not match the online product description please contact The Clever Owl.
Please note that product availability is subject to change at any time. Stock showing as available at time of ordering may sell out and therefore be on backorder. The Clever Owl will endeavour to fulfil your order as soon as possible and will notify you or update your item status with ETAs where possible. Should suppliers also not have the product in stock then you may request a modification, refund or store credit.
thecleverowl.com.au does not accept any responsibility for errors made by companies such as MyShopping, StaticIce etc who retrieve data from our site and list it on their own. In these circumstances it is the end users responsibility to ensure that what they are ordering is correct. If you have any questions concerning a product please do not hesitate to contact us, please keep in mind we do not refund or exchange for incorrect purchases.
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between The Clever Owl and Customer shall be governed by the laws of the State of New South Wales or as defined by the Australian Consumer Law.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These terms and conditions, together with the The Clever Owl invoice respecting the products ordered by Customer, are the complete and exclusive agreement between The Clever Owl and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between The Clever Owl and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
Subject to ‘Competition and Consumer Act’ set out below our total liability with respect to any statutory guarantees (as that term is defined in the Competition and Consumer Act 2010 (Cth) (“CCA”)) when a problem with a product purchased by a consumer is major is limited to: (a) payment to the consumer of the cost of purchasing the goods; or (b) replacement of the goods or the supply of equivalent goods; or (c) payment of an amount equivalent to any drop in value of the goods as a result of the major failure.
Subject to ‘Competition and Consumer Act’ set out below our total liability with respect to any statutory guarantee owed to a consumer when a problem with a product purchased by a consumer from us is minor is limited, at our option to: (a) the replacement of the goods; or (b) the repair of the goods; or (c) the payment of the cost or replacing the goods or of acquiring equivalent goods.
All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) relating to these terms and conditions, that are not contained in it, are excluded to the fullest extent permitted by law.
Nothing in this document excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy, implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified, which may include the Competition and Consumer Act 2010 (Cth) and corresponding provisions and relevant laws containing implied terms and/or statutory guarantees which operate to protect the purchasers of goods and services in various circumstances.