Terms and Conditions
James Watson (ABN 77 152 027 639), herein referred to as "Owner".
License and Ownership
The copyright for the content on this website is owned or licensed by Owner and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Owner. All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Owner.
It is always up to you whether to disclose personally identifiable information to us. “Personally identifiable information” means information that can be used to identify you as an individual, such as, for example: your name; company; email address; phone number; billing address; and shipping address; credit card information (unless handled by a third-party payment processor); any account-preference information you provide us; your computer’s domain name and IP address indicating where your computer is located on the Internet; session data for your login session so that our computer can ‘talk’ to yours while you are logged in.
The website is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use for disputes both domestically and internationally is the laws of the State of Queensland, Australia.
Disclaimer of Warranties
Owner does not warrant the accuracy, adequacy, completeness, security or timeliness of the content, information or services provided by the website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Owner. Owner disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
Limitation of Liability
In no event shall Owner be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
General Conditions of Sale
The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Owner with respect to the subject matter hereof.
a. The goods delivered under this Agreement shall be of normal commercial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
b. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to the Owner that you are able to make a legally binding contract.
c. Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
d. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
e. Owner reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with Owner only comes into existence when Owner forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
f. This contract shall be governed by and construed in accordance with the law in effect in the State of Queensland and by entering into contract both parties are accepting the jurisdiction of the courts of the State of Queensland in relation to any dispute between them.
g. You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to Owner if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by Owner within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
h. All products carry a 1 year warranty due to faulty workmanship from intended use of the product. Owner will not cover warranty claims arising from unintended use or misuse of the product. You are required to contact Owner and explain the full details of the product failure and post to Owner at your expense to receive compensation. Upon inspection, Owner reserves the right to grant or refuse the warranty claim. If refused, Owner will contact you to explain the decision. If granted, Owner will refund your money, or replace the item and include postage, or credit the value of the item towards the purchase of other Owner products and include postage.
i. Owner is not liable for loss of property or identity from use of products. Use of these products is carried out at your own risk. You are required to maintain, and be responsible for, your personal and financial security at all times.
j. Ownership and property in the goods supplied/delivered shall pass from Owner to you when Owner accepts your offer and assigns product in the Owner warehouse. Risk passes to you upon delivery to your warehouse or to an agreed delivery point.
k. Owner shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and Owner shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal/political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
l. Customs or import duties may be charged once the parcel reaches its destination (delivery) country. These charges must be paid by the recipient of the parcel. As customs policies and import duties vary widely from country to country we have no control over these charges and cannot confirm what the cost would be. We recommend that you contact your local customs office for current charges according to the value of the product before you order to avoid any unforeseen charges.
m. You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Owner in respect of any such use. Owner is not liable for injury or damages to you or to a third-party resulting from the misuse of such goods. Owner is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by Owner for the consequences of the use of damaged goods by you.
n. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Owner implied by the Goods Act, 1958.
Terms and Conditions