The following apply to these Terms and Conditions.

Business Days means a week day in which trading banks are open for the transaction of banking business in Queensland, Australia.

Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website. 

Delivery Agent means any nominated third party delivery or shipping company for The Fragile Puzzle™.

Delivery Fee means the fees charged by the Delivery Agent of The Fragile Puzzle™ for the delivery of Goods in accordance with clause 7, as amended from time to time.

Goods means the item offered for sale, as described or displayed on the Website.

GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognized and enforced by judicial decision.

Order means a request by you to purchase Goods from The Fragile Puzzle™ in accordance with these Terms and Conditions.

Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).

Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).

Privacy Policy means The Fragile Puzzle™ Privacy Policy found on the website: www.fragilepuzzle.com

Returns Policy means The Fragile Puzzle™ Returns Policy found on the website: www.fragilepuzzle.com

Terms and Conditions means these terms and conditions, as amended from time to time.

Website means www.fragilepuzzle.com

Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.

We or Us or Our means A.C.N.144 644 593 PTY LTD trading as The Fragile Puzzle™. 

You or Your means you as the purchaser of Goods from The Fragile Puzzle™ pursuant to these Terms and Conditions.

2.1  You agree to be bound by these Terms and Conditions when you submit an Order.

2.2  Each Order you place will be a separate and binding agreement between you and The Fragile Puzzle™ with respect to the supply of Goods, in accordance with these Terms and Conditions

3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.  Or you may prefer to download and print an order form to send with your cheque or money order in Australian dollars.

3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee and for the avoidance of doubt, GST) as specified at the time you submit your Order.

3.3. You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use and quantity restrictions may apply as set out on the Website from time to time.

3.4. In completing the electronic or printed Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. The Fragile Puzzle™ will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.You also agree to obtain consent to provide The Fragile Puzzle™ any personal details for nominated recipients of gifts.

3.5. You may Order from The Fragile Puzzle™ if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.

3.6  By accepting the Terms and Conditions you acknowledge that you are over the legal age of eighteen (18) years of age. If you are under eighteen (18) you cannot purchase or place an order with The Fragile Puzzle™.  If a purchase is made by a minor and where damages or loss of sales occurs as a result due to a minor entering into a transaction, The Fragile Puzzle™ reserves the right to seek compensation from the parents or guardians of the minor who made the purchase.

3.7. Once you submit your Order, cancellations of your Order cannot be made (unless by agreement with The Fragile Puzzle™ in accordance with clause 5.1 of these Terms and Conditions and any cancellations are otherwise in accordance with these Terms and Conditions). However, we will allow you to return Goods in accordance with the Returns Policy. You must check your Order carefully prior to submitting your Order with us. For terms regarding cancellations or returns of Orders, see the "Order cancellation and returns" section (clause 9) of these Terms and Conditions.

3.8. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre in regards to your Order.

3.9. You can order as many Goods as you would like in an Order up to the total Order value of $10,000 (exl GST). Orders over $10,000 need to be negotiated with our customer Service Centre prior to placement of order by emailing info@fragilepuzzle.com

4.1 The Fragile Puzzle™ reserves the right to accept or reject your Order for any reason at any time.

4.2 When we accept an Order, it represents an agreement by The Fragile Puzzle™to supply you the Goods in accordance with the Order and these Terms and Conditions.

4.3  In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. The Fragile Puzzle™ will not be liable to you for your loss or that of any third party for the rejection of an Order.

4.4  Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalize the refund. The Fragile Puzzle™ is not liable with respect to any loss, damage, cost, expense or injury you or any third party incurs as a result of any delay in processing your refund.

4.5   If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order under clause 4.1 and we will notify you of that rejection via phone or email within five (5) Business Days after the placement of the Order. The Fragile Puzzle™ will not be liable to you for your loss or that of any third party for the rejection of an Order.

5.1. You acknowledge and agree that from time to time Goods may be out of stock and we may not be able to fulfil your Order within our desired timeframes. If this occurs, The Fragile Puzzle™ will use reasonable endeavours to replenish stock as quickly as possible; this can take up to six weeks.

5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Subject to clause 5.3, The Fragile Puzzle™ will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.

5.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Goods has already been processed, we will use reasonable endeavours to refund any money paid to us in respect of that Good within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalize the refund. The Fragile Puzzle™ is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

5.4  You acknowledge and agree that: (a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions may differ in real life; (b) you have read any corresponding written description of the Goods prior to submitting your Order, including th Product Disclaimer.   It is your responsibility to ensure that prior to submitting your Order the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access.

6.1 The Price in respect of a Good is specified on the Website.

6.2 Unless otherwise stated the Price quoted is in Australian Dollars and where applicable, inclusive of goods and services tax (GST).

6.3 The Fragile Puzzle™ reserves the right to change or alter the Price of the Good on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.

6.4 In respect of any Order, we will charge you and you agree to pay: (a) the Price (which is the Price at the time the Order is submitted); and (b) subject to clause 7, the Delivery Fee.

6.5 You can pay for your Goods by any of the methods specified on the electronic or printed Order form on the Website.

6.6  Lay-by is not available for purchases made on the Website.

6.7 You acknowledge and agree that any payment in respect of an Order must be cleared by The Fragile Puzzle™ before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this by email and/or telephone. Payments are to be made via Paypal; we choose PayPal because it provides a secure and hassle free payment experience.  Please refer to the PayPal website for more information.You can also pay by direct debit into our bank account or by cheque or money order. Please ensure all payments are made in Australian currency.  If your order is not in Australian currency your order may be rejected.

6.8  In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

7.1  The Fragile Puzzle™ will post your order from Australia Post and will be bound by the terms and conditions of Australia Post for delivery your Goods – more information at  www.auspost.com.au . You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.

7.2  Delivery Fees -  Unless stated otherwise on the Website (for example, where a "Free Shipping" offer applies).  Delivery Fees will be in accordance with Australia Post costs and charges.  The product and packaging weighs up to 3 kilograms varying with packaging.

7.3  We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order. We will refund any money paid to us in respect of your Order and make reasonable endeavours to process a refund of any money paid to us within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalize the refund. The Fragile Puzzle™ is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

7.4  Where the Website provides for "Free Shipping", clause 7 will not apply to your Order for the specified period of "Free Shipping".  Where no end date to the "Free Shipping" period is specified on the Website, we may change the offer at any time without prior notification to you. However, all Orders processed during a free shipping offer period will be processed in accordance with the offer

Delivery Time Frames

7.5  Subject to clause 7.6. The Fragile Puzzle™ is bound by delivery timeframes of Australia Post.  Timeframes can reasonably be expected within Australia to be within 2 to 14 days.

7.6  From time to time, The Fragile Puzzle™ may not be able to achieve the delivery time frames in clause 7.5. You acknowledge and agree that notwithstanding anything else in this clause:
(a) The Fragile Puzzle™ cannot guarantee that delivery will occur in the delivery time frames specified in clause 7.5;
(b) delivery time frames may change from time to time due to unforeseen circumstances; and
(c) The Fragile Puzzle™ is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.The Fragile Puzzle™ will contact you if there will be a delay in delivery.

General terms for delivery

7.7  Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.

7.8   If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age and capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative's instructions as if they were your own.

7.9   On delivery, the Delivery Agent may require you or your nominated representative to provide them with proof of identity, such as photo identification or proof of age. The Fragile Puzzle™may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof  of identity or age. Where delivery cannot take place due to insufficient identification, a calling card will be left for you to collect the Goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.

7.10  You or your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay any associated fees for redelivery.

7.11  If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect the Goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.

7.12   Where you do not collect your Goods from the Australia Post office within 10 days of a failed delivery, you must contact our Customer Service by email at info@fragilepuzzle.com with further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.

7.13  You agree to give us as much detail as possible about particular features of the Delivery Address to ensure delivery can take place in advance by contacting our Customer Service by email at info@fragilepuzzle.com  after placing your Order. This includes, without limitation: (a) Restricted access or parking for our truck; (b) Restricted or limited access to the premises; or (c) If you have narrow doors, spiral staircase or tight corners. Where redelivery is required because access issues or limitations for making delivery, you may be required to pay any associated fees for redelivery.

7.14   Upon delivery, you must inspect your Goods and check if there is obvious damage to the Goods due to transit.  If damage has occurred in transit you must contact our Customer Service Centre as soon as practicable at info@fragilepuzzle.com. You can otherwise return Goods in accordance with the "Order cancellations and returns "section (clause 11) of these Terms and Conditions. Any Goods replaced under the Returns Policy due to being faulty or damaged will be delivered to you free of charge. Any returns due to you changing your mind about your purchase will attract a redelivery fee,

7.15  Insurance and express delivery is not available in respect of your Order.

8.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.

9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods in accordance with the Returns Policy

9.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 11) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.

9.3. If you would like to make a return under the Returns Policy contact the Customer Service Centre by email at info@fragilepuzzle.com

9.4. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalize the refund. The Fragile Puzzle™ is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

10.1. Where a Good is subject to a product recall, a notice will be posted in the Notice section of the Website.

10.2. You agree for us to contact you, using the personal information provided on your Order, to notify you of a product recall either by telephone (including mobile phone), email or postal mail.

11.1  The Fragile Puzzle™ is committed to providing you with the highest level of service. We will not forward any of your information to a third party person or company at any time under any circumstance without your permission. You can contact The Fragile Puzzle™ at any time to enquire about your details and we will be happy to assist.

The Fragile Puzzle™ does hold personal information of all customers. This includes name, address and phone number. This is used to validate account details on enquiries and tracking for business purposes. The Fragile Puzzle™ does not share or forward this information on to any third parties. The only people who will have access to your data will be The Fragile Puzzle™ employees. These employees in turn are only granted access to information that is needed for their specific job and are contractually compliant to keep this information confidential. Australia has very strict privacy laws and The Fragile Puzzle™ will adhere to them.

12.1 Subject to any rights you have under any consumer protection law and to the fullest extent permitted by Law, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms and Conditions.

12.2 Subject to any rights you have under any consumer protection law, The Fragile Puzzle™ excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded

12.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

12.4,  The Fragile Puzzle™ does not make any express warranties with respect to Goods sold on the Website, and is not liable to you or any third party with respect to any loss, damage, cost, expense or injury you or any third party incur or sustain as a result of a breach of any such express warranty.

13.1 The Fragile Puzzle™ reserves the right to, at its discretion, terminate these Terms and Conditions and your access to and use of the Website:
(a) for convenience, at any time, upon provision of notice to you;
(b) immediately: (i) if The Fragile Puzzle™ reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or (ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

14.1 The Fragile Puzzle™ reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with The Fragile Puzzle™ with respect to that Order.

14.2 The Fragile Puzzle™ may give notice to you by electronic mail. You may give notice to The Fragile Puzzle™ by electronic mail to our Customer Service Centre at info@fragilepuzzle.com

14.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

14.4 A failure or delay by The Fragile Puzzle™ to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by The Fragile Puzzle™ does not preclude its future exercise or the exercise of any power or right.

14.5 The laws of Queensland, Australia govern this agreement.

Free Shipping

The Fragile Puzzle™ is currently offering free shipping. This free shipping offer is subject to change at any time without prior notification to you. However, all Orders processed during a free shipping offer period will be processed in accordance with the offer.

Copyrights

This site and its contents are subject to copyright. The copyright is owned by The Fragile Puzzle™. You may view this site and its contents using your web browser solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.

Trademarks

This site includes registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorized, the use or misuse of any of these trademarks is strictly prohibited.

Disclaimer

You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. This site and its contents are provided to you on "as is" basis, the site may contain errors, faults and inaccuracies and may not be complete and current.

The Fragile Puzzle™ makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws.

Neither The Fragile Puzzle™, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special and punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

Viruses

The Fragile Puzzle™ cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release The Fragile Puzzle™ entirely of all responsibility for any consequences of its use.

Spam

We will never knowingly send you electronic messages without your consent.

Use of Cookies

A "cookie" is a small text file that your browser keeps on your hard disk, and is very common on the Internet. They are a way for us to remember who you are. They also allow us to "remember" what you have purchased as you browse through our product selection. However, you can still browse our products and use many of our site features without cookies. The Fragile Puzzle™ uses cookies to help users of our site to navigate and process sales.

Third Party Sites

This site may contain links to third party sites. The Fragile Puzzle™ is not responsible for the condition or content of those sites as they are not under The Fragile Puzzle™ control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by The Fragile Puzzle™ of the sites or the products or services provided on the site. The Fragile Puzzle™ does not permit any linkages to this site without prior permission.

Applicable Law

This site is created and controlled by A.C.N.144 644 593 PTY LTD trading as The Fragile Puzzle™. Your use of this site is governed by, construed and enforced in accordance with the laws of Queensland, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Queensland, Australia. This site may be accessed throughout Australia and overseas. The Fragile Puzzle™ makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. Other Sites The Fragile Puzzle™ is not responsible for the privacy practices of sites that are linked to this site via hyperlinks, banner advertising or otherwise. Please take care at all times to check whose site you are visiting.

Returns Policy

The item must be returned to us in brand new condition, with the packaging and item being exactly as it was when you received it. This includes the return of the original packaging. If the returned item is in a noticeably used condition, then a refund may not be offered. Return postage is at your expense. We also offer a return policy on products that are 'Damaged in Transit' or 'Incorrectly Shipped'.

Returns Procedure

At The Fragile Puzzle™ we are committed to the quality of our product, Customer service and satisfaction. This is reflected in our Returns Policy and means that you can shop at The Fragile Puzzle™ with confidence.

All goods to be returned, whether defective or not, will require acceptance from The Fragile Puzzle™ before they can be returned. To obtain a Return Authorization Number, please contact our Customer Service by e-mail at info@fragilepuzzle.com.

You will need to supply the following information, most of which will be on your packing slip or invoice before we can issue a Return Authorization Number:

• Name and contact details of original purchaser.
• Our reference number
• Date on packing slip or invoice
• Reason for return
• Your name and contact details.

Each Return Authorization must match the product authorized for return. Return Authorization Numbers are only valid for one month, so we must receive the returned product into our warehouse within this period; otherwise, the return may not be accepted if it is returned as 'Unopened Product' (see below).

It is the customer's responsibility to ensure that all products are suitably packaged in order to prevent damage during return shipping. The customer must not write on or attach labels to the product being returned; otherwise, the return may not be accepted if it is returned as 'Unopened Product'.

A copy of the original packing slip or invoice, or other proof of purchase, must be included with the returned product. On recept of our product in saleable condition we will refund your money as long as the entire transaction is completed within one month of purchase.

The Return Authorisation Number should be clearly visible on the outside of the shipping carton and addressed to the following address (unless otherwise directed):

The Fragile Puzzle™

PO Box 725, CLEVELAND

QLD 4163 AUSTRALIA

Privacy

The Fragile Puzzle™ is committed to protecting your privacy. You will be asked for information that is relevant to your transaction or to satisfy legislative requirements. Information collected on returns slips will be securely stored for a reasonable period of time and may be used for the purposes of research and analysis and may be disclosed to State and Territory departments upon request as required by law and in accordance with the Australian Privacy Act.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.