ERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale apply in relation to the purchase by the person named in the relevant order (you) from AppTronix Pty Ltd (ABN 64 169 178 732) of the products described in the order.
1. AGREEMENT TO SUPPLY
1.1 Website orders
By placing an Order with us via the Website you are offering to purchase the Products listed in the Order and pay us the applicable Purchase Price (including any Delivery Fees). Subject to any cancellation under clause 4, a binding contract for the sale of the Products listed in an Order submitted via the Website is formed once we send an email accepting the Order to your email address as specified or contained in the Order.
If you place an Order with us by accepting a Quote then a binding contract for sale of the relevant Products is formed (subject to any cancellation under clause 4) when we receive your written acceptance of that offer, provided it occurs before the expiry date of the Quote.
You must pay the applicable Purchase Price (including Delivery Fees) using one of the methods provided on the Website or Quote (as applicable). Surcharges may apply to some methods of payment, as noted on the Website or Quote (as applicable). At any time we may decline to accept any payment, or require evidence of your identity, including where any irregularity or suspected fraud arises.
Unless expressly agreed otherwise with you, we will not commence delivery of the Products until we have received cleared payment of the Purchase Price in full.
If you do not make a payment when due, then the amount unpaid will bear interest at 1.0% per month, compounding monthly, and you must reimburse us for all debt collection costs and expenses (including legal fees) incurred in connection with seeking or obtaining payment.
3.1 Delivery address
We will arrange shipping of the Products to the delivery address specified in your Order within mainland Australia, Tasmania and New Zealand. We do not deliver to areas in Australia where the Australia Post delivery network is not available.
Deliveries to post office boxes are not permitted where delivery is by courier. If delivery is by courier and nobody is available at the delivery address to accept delivery when delivery is attempted then the courier may either:
(a) leave the relevant parcel at the unattended address (the courier will do so if specified in your delivery requirements); or
(b) re-attempt delivery at a later time or date, in which case we may charge you an additional re-delivery fee.
We will endeavour to ship the Products by the applicable date indicated on the Website or Quote (if applicable), but all such dates are indicative only. All shipping dates are dispatch dates only, and actual delivery dates will depend on the shipping method chosen, delivery address and delivery service provider. To the extent permitted by law we and our delivery service providers exclude any liability for any delay in delivering any Products to you (or making them available for collection).
3.3 Product changes
Despite any other provision of this agreement (including clause 1), we may change the applicable description or specifications or appearance of any Product at any time (including prior to delivery) without prior notice, provided that the change does not have a material adverse effect upon the intended use of the Product by you.
Risk in the Products will pass to you at the time of delivery to the applicable shipping address or, if applicable, upon collection by you. Without limiting the previous sentence, if a Product is left unattended at the shipping address and is subsequently stolen then the theft is your responsibility, not ours. If any Product included in an Order is missing at the time of delivery then we recommend that you contact us immediately, as it will assist us in verifying and rectifying more quickly any error that has been made.
At any time before delivery we may cancel an Order without liability to you by notice to you at the email address set out in the relevant Order where:
(a) you do not pay the Purchase Price by the applicable time, we do not accept your payment for any reason or you do not provide any requested evidence of identity;
(b) there has been an error on the Website relating to any of the relevant Products that was not discovered before the Order was accepted, whether regarding the Product description, availability, Purchase Price, Delivery Fee, shipping time or otherwise;
(c) we run out of stock of any Product and are unable to obtain replacement stock from our suppliers either at all or at the same cost as it was previously supplied to us;
(d) any delivery requirements you include in the Order are impractical or uneconomic for us; or
(e) it is impractical or uneconomic for us to supply the Product due to any cause that is not reasonably within our control , including fire, flood, storm, lightning, earthquake, explosion, emergency, civil disturbance, war, act of God or governmental action.
Where we cancel an Order we will promptly refund the Purchase Price to the extent paid by you.
5.1 Return process
Before returning any Product to us where permitted under clause 5.2 or 5.3, we recommend that you first contact us to explain the problem and obtain a return authorisation. Doing so will help us to process your return more quickly. You must also ensure that you make a copy of any data stored on any Product that you return – we are not responsible for preserving any such data.
5.2 Defective Products
Subject to you returning the relevant Product to us (at your cost), and only where required by law (including under the Australian Consumer Law, if applicable), we will honour any obligation of ours to:
(a) replace or repair a Product sold to you; or
(b) provide a refund of the Purchase Price.
It may take several weeks for us to assess and (if applicable) repair the Product, or arrange for a supplier to do so.
If you return a Product on the basis that it is faulty, but we reasonably determine that it is not faulty, then you must pay a testing fee of $25 per Product tested, and we are not obliged to return the Product to you unless you pay a further Delivery Fee.
5.3 Mistake, change of mind etc
Our obligations under clause 5.2 do not apply, and we are under no obligation to accept a return of any Products or provide a refund, where:
(a) you wish to return a Product due to you having made a mistake when placing your Order, changed your mind or found the same or similar goods elsewhere at a lower price; or
(b) the Product has been subject to misuse, static discharge, neglect, accident, modification or has been soldered or altered in any way.
We may, in our discretion, voluntarily agree to accept a return of a Product but any such return will be subject to:
(i) you returning the Product to us (at your cost), together with the relevant invoice number and return authorisation;
(ii) you paying any handling cost or restocking fee that we notify to you;
(iii) the returned Product being is in “as new” condition, in original packaging with all the documentation and factory accessories ordinarily included with the Product; and
(iv) the Product not having become superseded (e.g. where a new version or release is available).
6. RESTRICTIONS ON USE OF PRODUCTS
The Products we sell are intended only for educational purposes or for domestic use as a toy or for a hobby, and are priced accordingly. You must only use them in that way and, without limiting the foregoing, must not use them:
(a) in any manner such that human life or safety, or the protection of any property or information, depends on them;
(b) in any business or to provide any service to any person; or
(c) in any illegal manner or for any illegal purpose.
Except where expressly stated in the relevant Product description, we do not guarantee compatibility between Products. It is your responsibility to check any desired Product compatibility (including by contacting us if necessary) before purchasing a Product.
7.1 Australian Consumer Law
In most circumstances the Products we provide come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this agreement limits, modifies or excludes any right you may have under the Australian Consumer Law where by law that right cannot be limited, modified or excluded.
7.2 Exclusion of other terms
To the extent permitted by law, and except as expressly provided in this agreement, all terms, conditions, warranties and representations (in each case whether express, implied, statutory or otherwise) relating in any way to the Products or any Incidental Services are excluded.
7.3 Exclusion of losses
To the extent (if any) permitted by law, all liability of ours is excluded in respect of any indirect or consequential liability or loss suffered or incurred by you in relation to any Product or Incidental Services, any delay or failure in providing them, or otherwise under or in connection with this agreement, and in any event (including where amounting to a direct loss, and without limiting clause 6) for any lost profits or goodwill, loss of business opportunity or any lost or corrupted data.
All notices, demands, requests and other communications required or permitted under this agreement must be in writing and will be deemed to be delivered when actually received, whether sent by email, ordinary or certified mail, courier or otherwise to the receiving party.
8.2 Intellectual property
All intellectual property in all Products will remain our property or the property of the relevant supplier to us.
8.3 Applicable law
This agreement must be construed according to, and is governed by, the laws of Victoria. The parties submit to the non-exclusive jurisdiction of the courts in and of Victoria in relation to any dispute arising under this agreement.
8.4 Entire agreement
This agreement constitutes the entire agreement between us and you in relation to its subject matter. Any prior arrangements, agreements, representations or undertakings are superseded and, except as expressly provided, each party warrants that it has not relied on any arrangement, agreement, representation or understanding which is not expressly set out in this agreement or incorporated by reference.
In this agreement the following terms have the following meanings:
Delivery Fees in relation to an Order means the fees for delivering Products to the relevant delivery address specified in the Order, calculated in the manner indicated on the Website or Quote (as applicable). If you place multiple Orders then separate delivery fees apply to each Order, even if they are delivered at the same time.
Incidental Services means any services (including advice or delivery) provided in connection with the Products.
Order means the relevant order:
(a) submitted by you to us via the Website; or
(b) described in a Quote.
Products means the goods, services or other products listed in the Order, as described on the Website at the time when you submitted the Order to us.
Purchase Price in relation to Products means the price, Delivery Fees, and other amounts described or referred to in the relevant Order or these Terms and Conditions or otherwise agreed between you and us from time to time.
Quote means a written quote that we provide to you.
Website means the website at www.pakronics.com.au
9.2 Rules of interpretation
In this agreement:
(a) words importing any gender include the other genders;
(b) headings will be ignored in construing this document;
(c) ”including” and similar expressions are not words of limitation;
(d) words importing the singular include the plural and vice versa;
(e) references to persons include corporations;
(f) references to writing include any mode of representing or reproducing words in visible form, and include email; and
(g) a provision must not be construed to our disadvantage merely because we were responsible for preparing this agreement.