TERMS & CONDITIONS
1. About these terms and conditions
1.1 You should read the terms and conditions set out below before purchasing goods using this website.
1.2 These terms and conditions apply to the purchase of products on this website. In using this website for this purpose, you agree to be bound by these terms and conditions. If you do not understand or accept these terms and conditions, you must refrain from purchasing products using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website, including the Privacy & Security Policy and Refund Policy.
1.3 In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Eight Thirteen, the website owner.
1.4 These terms and conditions must be read in conjunction with the information in our customer care section.
2. Ordering procedure
2.1 You may offer to purchase products described in this website for the price specified on this website.
2.2 Your order must contain your name, postal address, phone number, e-mail address, payment details and any other ordering information specified on this website.
2.3 Confirmation of your purchase will be sent to your e-mail address once your payment has been cleared. If you do not receive a confirmation e-mail within two business days please contact enquiries@eightthirteen.com.au
2.4 You may not cancel an order once it has been submitted, even if our confirmation e-mail is still pending.
2.5 The goods are offered for sale only to persons who can make legally binding contracts.
3. Payment and price
3.1 Payment must be effected by using the ordering facility on this website.
3.2 Prices are inclusive of Australian goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services.
3.3 All prices are quoted in Australian Dollars.
4. Cancellation due to error or unavailability
4.1 You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price, with incorrect information, or which are unavailable due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, not with standing that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods.
4.2 If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question without deduction.
5. Delivery
5.1 Delivery of the products will be affected in the manner described on this website. i.e. Items purchased online will (subject to availability) be despatched as soon as practicable after receiving your order (and usually within one (1) business day).
5.2 Risk of loss or damage to the goods passes to you upon delivery.
5.3 We undertake to comply with the terms of our Shipping Policy in relation to ensuring delivery in a timely matter.
5.4 You acknowledge that we are not liable for any losses or damages suffered directly or indirectly by you as a consequence of any delay in dispatch or delivery.
6. Refunds/replacements
6.1 Under certain conditions, refunds/replacements are available for items valid for 31 days.
6.2 We undertake to comply with the terms of our Refund Policy in relation to the refund of replacement products to our consumers
7. Security
7.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us, including your credit card details, is transmitted at your own risk.
7.2 Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
8. Privacy
We undertake to comply with the terms of our Privacy & Security Policy in relation to the collection and use of your personal information.
9. Disclaimer and limitation of liability
9.1 To the extent permitted by law, we exclude all liability arising from or relating to your use of this website including the online purchase of products, as set out in our Legal Disclaimer.
9.2 Details contained on this website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction in which you reside (if that jurisdiction is outside Australia ) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
10. Changes to these terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
11. Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
12. Governing law
These terms and conditions are governed by the laws in force in New South Wales . You agree to submit to the jurisdiction of the courts of New South Wales .
13. General
13.1 We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
13.2 If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.
13.3 If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
REFUND POLICY
Clients must submit the supplied form in customer care to verify if a return/credit will be approved.
The refund will be returned in the same medium in which it was given.
Read below for guidelines on this procedure.
· No freight costs, service fees or credit card surcharges can be refunded
· We reserve the right to replace, credit, refund or exchange faulty products at our discretion
· Product packaging/contents/condition should be original
1) Refund Policy for Electronic Media & Computer Software:
If you have your proof of purchase and the security seal is still intact, we will offer you a refund or an exchange option.
The value of the exchange coupon will be based on the price of the returned merchandise at the time of purchase.
If the seal has been broken and you have a receipt, you will be offered a refund or exchange only if the item is defective or unfit for purpose.
2) Refund Policy for all other merchandise:
If you have your proof of purchase, we will offer you a refund or an exchange option.
The value of the exchange coupon will be based on the price of the returned merchandise at the time of purchase.
Legal Disclaimer
Eight Thirteen will attempt to ensure that the information provided on this Website is correct, however Eight Thirteen cannot guarantee its accuracy, suitability or completeness. The information is provided to you on an "as is” basis without warranties of any kind, either express or implied. You should be aware that the information on this Website is subject to change at any time.
To the extent permitted by law, Eight Thirteen excludes all liability arising from or relating to your use of this Website, any products purchased by you from us (including your use of such products) or your reliance upon information contained on the Website.
This Website may contain links to other Websites operated by third parties. Eight Thirteen does not make any representation as to the accuracy or suitability of any of the information contained on those other Websites, and does not accept any responsibility or liability for the conduct, content or products or services of those other Websites.
PRIVACY & SECURITY POLICY
This Privacy and Security Statement applies to this website which is operated by Eight Thirteen
Eight Thirteen understands and appreciates that you, as a Eight Thirteen Website visitor, are concerned about your privacy and about the confidentiality and security of information we may gain about you online. Eight Thirteen is committed to protecting your privacy. This Eight Thirteen Privacy and Security Policy explains how your personal information will be treated as you access and interact with the Eight Thirteen Website.
· We will only use the information supplied from you to directly assist us in providing the service you have requested.
· We will not give your information to third parties unless it is necessary in conducting the service we provide to you. For eg. Courier companies will be supplied with your details so they can deliver to you!
· We are only interested in providing excellent prices with efficiency and honesty.
As the Eight Thirteen Website develops and as technology evolves, Eight Thirteen will continue to strive to provide you with better and more customised services and with a more effective website. Eight thirteen encourages you to review the Eight Thirteen Privacy and Security Statement periodically because the statement may change from time to time.
In addition to the provisions of this Privacy and Security Statement, there may also be specific and additional privacy provisions which apply to certain sections of the Eight Thirteen Website. As specific and additional provisions also relate to your privacy protection, you should review them wherever they are accessible by you on the Eight Thirteen Website. In the event of any inconsistency between the provisions of this Privacy and Security Statement and those other specific and additional provisions, the specific and additional provisions will prevail.
Information collected
The information that we will collect about you will depend on how you use the facilities offered by the Eight Thirteen Website. If you visit the Eight Thirteen Website to read, browse or download information, our system will record the date and time of your visit to our site, the pages viewed and any information downloaded.
If you decide to complete an online order, the information that you enter onto the online order form will only be collected by us if you submit your online order. If at any stage you cancel your order or log out prior to submitting your order, the information you have entered up to that point will be automatically deleted.
Use and disclosure of information
We will only use or disclose personal information that you have provided to us when:
1. you the customer have authorised us to do so;
2. we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure;
3. we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for national security in the performance of their functions; or Eight Thirteen is authorised, required or permitted by law to disclose the information.
An exception is where you access a Third Party Website from the Eight Thirteen Website. In that case, session information or other information that you provide about yourself may be shared between that third party, the person hosting the Third Party Website and members of Eight Thirteen.
Third Party Websites should contain their own privacy statements and those third parties are responsible for informing you about their own privacy practices.
How we handle E-mails
We will preserve the content of any e-mail that you send us, if we believe that we have a legal requirement to do so. Any personal information contained in your e-mail, including your e-mail address, will be used or disclosed in ways set out in this Privacy and Security Statement. Your e-mail message content may be monitored by our Internet Service Provider or Eight Thirteen employees for trouble shooting and maintenance purposes or where e-mail abuse is suspected.
Security of information
(PGP corporation - PGP® Encryption Platform - world leader data encryption)
The Eight Thirteen web server uses military strength encryption during transmission of sensitive data such as your credit card details. This means that you can rest easy knowing that these details only go to the person who needs them to process the order.
Eight Thirteen takes reasonable steps to preserve the security of cookie and personal information in accordance with Eight Thirteen Website Terms of Use and this Privacy and Security Statement. If your browser is suitably configured, it will advise you whether the information you are sending us will be secure (encrypted) or not secure (not encrypted). If secure transmission is indicated, Eight Thirteen currently uses military strength (128 bit) encryption.
Eight Thirteen regularly reviews developments in security and encryption technologies. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, although Eight Thirteen strives to protect such information, Eight Thirteen cannot ensure or warrant the security of any information you transmit to us or from our online products or services and you do so at your own risk. Once we receive your transmission, we take reasonable steps to preserve the security of the information in our own systems.
Acceptance and changes to Privacy and Security Statement
You acknowledge and accept that your use of the Eight Thirteen Website indicates your acceptance of the Privacy and Security Statement.
This is the current Privacy and Security Statement. It replaces any other Privacy and Security Statement for the Eight Thirteen Website published on the Eight Thirteen Website to date. Eight Thirteen may at any time vary the Privacy and Security Statement by publishing the varied Privacy and Security Statement on the Eight Thirteen Website. You accept that by doing this, Eight Thirteen has provided you with sufficient notice of the variation