GENERAL CONDITIONS FOR USE OF THIS WEBSITE
In the context of this website, “we”, “our” and “us” means Spillarosales.com.au and “you” and “your” means you, the user or customer of this website.
The use of the term “product” includes the plural “products”.
Except if otherwise required by law the following Terms and Conditions, the Contract of Sale and our Privacy Statement govern your use of this website. They describe the rights and responsibilities of both you and us. If you use this website you agree to be bound by the Terms and Conditions and if you shop at this website you agree to the terms of the Contract of Sale.
If you do not agree to the Terms and Conditions and the Contract of Sale and our Privacy Statement do not use this website.
We shall not be responsible for any detriment incurred by reliance you place on this website or its contents. Use of this website is on an “as is” basis and is entirely at your risk.
Which terms and conditions apply
Some Products You Order on the Website are offered and supplied by Ausway Pacific Pty Ltd ABN 66 166 623 169, and some Products You Order are offered and supplied by NewAim.
Products which are offered and supplied by Ausway Pacific Pty Ltd and NewAim are referred to herein as “Spillarosales Products”.
Terms and conditions for Spillarosales Products
These Terms and Conditions constitute a contract between the customer (You) and Spillarosales (“Trade as spillarosales”)
1.CHANGES TO TERMS
Due to frequent changes in Internet technology and applicable laws we reserve the right to make changes to these Terms and Conditions at any time that technology and legal changes require. You should check these Terms and Conditions regularly for such changes.
2.CHANGES TO PRODUCTS
We and any persons involved with the management of this website may make changes to the products described and to other content of this website, at any time without notice. We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified. We make no representations about the suitability of this information; it is provided “as is” without warranty of any kind
The price displayed for products on this website represents the full price, for the product itself but does not include postage/delivery charges which will depend on the destination. We always seek to provide products at the most competitive prices, and because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice and we therefore reserve the right to change prices displayed for products on our website at any time. Please be assured of our every effort to ensure the accuracy of our product pricing. However if an error is made and a product is listed at an incorrect price, we maintain the right to refuse to accept further orders and to cancel any orders already placed at the incorrect price. If an order has been confirmed and charged to your credit card we shall immediately contact you regarding your requirements for the reimbursement of money paid. The information on this site is intended and applicable for Australian consumers only and is governed by Australian law.
You must be at least eighteen (18) years of age to place an order with us. We do not knowingly accept orders from anyone under the age of 18. By placing an order with us through this website, you acknowledge that you are over eighteen (18) years of age. Should we suffer any loss or damage as a result of a transaction entered into by a person under the age of 18, we reserve the right to seek compensation for such loss or damage from the parents or guardians of the person who placed the order(s) with us.
6.ITELLECTUAL PROPERTY RIGHTS
Material contained on this website is protected by copyright. You may use this website only for your personal non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you may not use, copy, modify, transmit, store, publish or distribute any material on this website or create any other material using material on this website, without obtaining our prior written consent. Registered trade marks and logos must not be used or modified in any way without obtaining the prior written consent of the trade mark or logo owner. The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of this website and material on it must not in any way infringe the intellectual property rights of any person.
To purchase from us you must establish an account on this website. We retain absolute discretion to refuse to allow an account to be established, to terminate accounts, to remove or edit content where the account has not been kept in accordance with these terms and conditions. It is your responsibility to provide your exact email address, delivery address and billing address and telephone number and to keep these current. Any incorrect information provided may lead to a delay in or non-delivery of the product. You are responsible for the confidentiality of your account password. Your password and account details are stored on a secure server for ease of use in processing future orders or for warranty claims. The information is only used to process your orders, for statistical purposes that may improve our website and its services, and to allow us to notify you of special offers or new products via our newsletters. Please refer to our Privacy Statement on this website. No credit card details are stored by us.
When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access of the information you provide.
9.CONTRACT OF SALE
These terms together with your order constitute the entire contract between you and us for the supply of products. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to vary it in writing or by email.
10. LIMITATION OF LIABILITY
10.1Limitation of Liability
(a) Our liability to the Customer (and any party claiming through the Customer against us) for any claim for loss or damages (including legal expenses) made in connection with the Contract (including the supply of Goods described in the Contract) whether in contract, tort (including negligence), under statute, in equity or otherwise shall be strictly limited as follows (except to the extent that the law prohibits such a limitation): (i) for any liability arising from Goods not meeting the specification or which are said to be otherwise defective or deficient, our liability is limited to the cost of replacement of those Goods as soon as reasonably practicable, or the repair of those Goods or the repayment (or allowance) of the Purchase Price of those Goods (at the option of Our); (ii) for any liability arising from the services forming part of the Goods not meeting the scope
10.2 Consequential Loss
(a) We may hold the Customer liable, to the maximum extent permitted by law, for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Goods it supplies, where ?indirect, special or consequential loss or damage? includes: (i) any loss of income, profit, production, contract, customers, business opportunity or business; (ii) any loss of goodwill or reputation; (iii) any loss or damage resulting from the loss or damage to goods other than the Goods.
10.3 Defective Goods
(a) Any claim by the Customer in respect of defective, non-conforming or damaged Goods must be made in writing within 14 days of the delivery of the Goods, unless a longer period is expressly agreed to by us in writing. (b) Despite any other provision of the Contract, we are not liable, to the maximum extent permitted by law, for: (i) the cost of removal of Goods not meeting the specification or which are said to be otherwise defective or deficient, whether installed or otherwise; (ii) the cost of installation of replacements for Goods not meeting the specification or which are said to be otherwise defective or deficient; (iii) defects or deficiencies in Goods caused by improper installation or maintenance of Goods or related components or normal wear and tear and damage.
You can place an order only by clicking the “Add to Cart” button. When you place an order with us you have made an offer to purchase the product you have chosen and when we issue a tax invoice to you we have accepted your offer. Both offer and acceptance are based on these terms and conditions and are subject to any clause allowing for the cancellation of an order before property passes to you. We will issue provide you with an Order Number by email after we have received your offer to purchase. This does not constitute our acceptance of your offer. We reserves the right to decline to enter into a purchase contract with you and may cancel your order at any time prior to dispatch of the product(s) or before property passes to you. We will notify you when we process your order by sending you an Order Confirmation and tax invoice via email as confirmation of our acceptance of your offer. In the event where we decline to enter into the purchase contract with you, funds paid in relation to that order will be refunded in full. You will be provided with an email confirmation of our cancellation and refund. To prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures. We retain discretion to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason. If for any reason we cannot process or accept your order after payment is received, we will contact you by email or telephone to determine your requirements for the reimbursement of money paid.
We only accept payment through BPAY, PayPal and Credit cards (Visa and Master). Payment will not be processed until we have received all relevant information required for processing to be completed. The processing of payment for Orders placed on a weekend or a Public holiday will not begin until the next working day.
We process PayPal payments when you checkout from the product order screen.
When you pay by BPAY, you must pay the price payable as indicated on your Order Confirmation within 7 days from the date that you receive your Order Confirmation. Please note that BPAY payments take up to 2 working days to process. We retain absolute discretion to cancel the transaction if a BPAY payment is not received within 7 days from the date that you receive your Order Confirmation. You must retain your tax invoice as proof of purchase.
Credit Cards We only accept Australian credit cards. We do not accept international credit cards. We process Credit cards payments when you checkout from the product order screen. Whilst we employ the latest in Secure Sockets Layer (SSL) technology software for transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
You hereby appoint spillarosales as Your agent solely to engage a courier on Your behalf to receive the spillarosales Products at the point of dispatch or embarkation and deliver them to You. We try to ensure that all spillarosales Products are delivered to Your courier in a prompt and timely manner. However, from time to time, it is possible that there may be delays in dispatch or embarkation of spillarosales Products. spillarosales does not accept any liability for loss or damage suffered by anyone as a result of any such delays nor for any delay by Your courier in delivering the spillarosales Products to You. The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by spillarosales. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e- mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund in accordance with the Refunds Policy at any time prior to dispatch of the Product(s).spillarosales is not responsible for the delivery times of spillarosales Products. Once spillarosales Products have been dispatched, it is Your responsibility to liaise with Your courier in relation to date and time of delivery. spillarosales shall not be liable for any inaccuracy of information provided to You relating to the date and time of delivery. We reserve the right to not ship to remote or rural locations.
Statutory Conditions and Warranties. We provide a voluntary warranty and apply the Conditions and Warranties required by law. For all products sold we provide conditions and warranties contained in the Commonwealth Competition and Consumer Act 2010. Where the 30 Day Change-of-Mind Period has elapsed and the conditions provide that unless the product has defects which we specifically bring to your attention before the sale, the product is of merchantable quality-that is, The product is free from manufacturing defects and faults and reaches a basic level of quality given the price of the product and any description that is provided with the product; The product is fit for the purpose or job for which it is normally supplied or to which we agreed before the sale? The product matches any description provided on our website or on labelling or packaging (See “Changes to Product”); and You receive clear title to the product The warranties provide that the product is clear of finance or encumbrances; and you will have free title to the product. If the product does not fulfil any of these conditions or warranties then, provided the claim is made within a reasonable period after the sale, you may be entitled, at your discretion, to a refund, replacement of the product or to have it repaired. A reasonable period depends on the circumstances of each sale including but not limited to the nature, quality and price of the product. Any refund agreed to may be less than the purchase price depending on any use or consumption of the product which has occurred or any contribution that use by you has made to the cause of the claim. Customer Service will consider each claim on its merits on a case by case basis and, if required, will negotiate a solution that is acceptable to us and you including any costs involved. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/accc-accc-wizard/mobile/1#acccWorkflowWizard1Path:1 . Exceptions We do not provide a refunds, credit or exchange if you have: You have damaged the product by using it in a way it was not meant to be used. You have had a defect drawn to your attention before you purchased the product, for example, when products are clearly labeled as seconds or faulty, The 30 Day Change-of-Mind period has elapsed and the product matches the description provided on our website and is free from manufacturing defects or faults.
Voluntary Warranty Policy
All products sold by us have a “dead on arrival” (DOA) warranty. This means that if the product is damaged during delivery and a claim is made within 14 days from the date of dispatch, we will replace or repair the product at our discretion and our cost. If we have no further stock of the item and it cannot be repaired we will replace it with a similar product or offer you a full refund. If the damage is discovered outside the 14 day period contact Customer Service who will determine whether circumstances are such that you can still proceed with a claim. You can take advantage of this offer for up to twelve months after sale. This warranty does not apply to damage packaging only and does not detract from your statutory rights.
Manufacturers Voluntary Warranty
Many of the products supplied by us are covered by a Manufacturers voluntary warranty. The terms and conditions of such warranties are beyond our control and it is your choice whether to use such warranties. Where possible the time of such warranty will be shown on our website. For some products it may be more efficient for you to contact the manufacturer rather than us. This is particularly so for electronic equipment. A manufacturers warranty does not detract from your statutory rights.
Making a Claim
Provide us with a copy of your tax invoice or similar proof that the item was purchased from us. Describe accurately the problem you have encountered and provide evidence (e.g. a photograph) to support your claim State whether you are requesting a replacement, repair, refund or credit
Return of Product for Warranty Claim
Where the 30 Day Change-of-Mind period has elapsed and where Customer Service has determined that, on the facts you have provided, a claim may be granted. We will not accept the return of a product without approval from our Customer Service Team. The product must be returned to us within 30 calendar days from the approved date. Where possible, the product must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that was delivered with the product. We will provide our Reply Paid number which can be used to return products sent by Australia Post eParcel. In the case of products sent by our courier TOLL IPEC, , we will send you contact details of our courier (TOLL IPEC) to organize pick up from your place. We reserve the right to test any returned product, and to ask you to demonstrate that the problem with the product was not your fault. After the product has been returned a final decision on granting the claim will be made by Customer Services. Where it is agreed that the claim is valid a replacement or repaired product will be returned to you at our expense. Where upon receipt of the returned product we determine that the product did comply with the warranties and conditions and the condition of the product was misrepresented to us by you, the expense for the return of the product to us and the expense of returning the product to you will be deducted from your account as well as a $30.00 handling and administration fee.
Refunds or credit
Where a warranty claim is granted any refund will include all delivery and related costs for the product. Where a non warranty claim is granted any refund will be for the cost of the goods only and will exclude all related costs. No refund or replacement will be given until we have received the product from you. Refunds will be issued via payment method (EFT, PayPal, Polipay, AfterPay, etc) or a credit to your account.
Where a replacement is agreed to after a warranty claim is granted the replacement will be delivered to you at our expense after we have received your returned product. Where a non warranty claim is granted the replacement will be delivered to you at your expense.
Limitation of Liability
(a) Our liability to the Customer (and any party claiming through the Customer against us) for any claim for loss or damages (including legal expenses) made in connection with the Contract (including the supply of Goods described in the Contract) whether in contract, tort (including negligence), under statute, in equity or otherwise shall be strictly limited as follows (except to the extent that the law prohibits such a limitation): (i) for any liability arising from Goods not meeting the specification or which are said to be otherwise defective or deficient, our liability is limited to the cost of replacement of those Goods as soon as reasonably practicable, or the repair of those Goods or the repayment (or allowance) of the Purchase Price of those Goods (at the option of Our); (ii) for any liability arising from the services forming part of the Goods not meeting the scope Consequential Loss (a) We may hold the Customer liable, to the maximum extent permitted by law, for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Goods it supplies, where ?indirect, special or consequential loss or damage? includes: (i) any loss of income, profit, production, contract, customers, business opportunity or business; (ii) any loss of goodwill or reputation; (iii) any loss or damage resulting from the loss or damage to goods other than the Goods. Defective Goods (a) Any claim by the Customer in respect of defective, non-conforming or damaged Goods must be made in writing within 14 days of the delivery of the Goods, unless a longer period is expressly agreed to by us in writing. (b) Despite any other provision of the Contract, we are not liable, to the maximum extent permitted by law, for: (i) the cost of removal of Goods not meeting the specification or which are said to be otherwise defective or deficient, whether installed or otherwise; (ii) the cost of installation of replacements for Goods not meeting the specification or which are said to be otherwise defective or deficient; (iii) defects or deficiencies in Goods caused by improper installation or maintenance of Goods or related components or normal wear and tear and damage.
15.RESOLVING YOUR CONCERNS
If you have any concerns with, or do not understand, our Terms and Conditions we encourage you to contact us and we will make every endeavor to resolve your concerns. Please use our contact page below and we will respond to your query as soon as possible.
Spillarosales PO BOX 123, Pomona, QLD 4568.