Terms and Conditions
Spec-Net Online Shop
Terms and Conditions of Sale
17 June 2014
Spec-Net’s Terms and Conditions of Sale, below, set out the terms and conditions subject to which Spec-Net Pty. Limited ABN 91 003 773 564 (Spec-Net) will supply products and/or services to you.
The Terms and Conditions of Sale apply to all sales made by Spec-Net via the Spec-Net Online Shop.
Unless otherwise stated in writing, products and services on this website are supplied and shipped directly from third party suppliers under agency agreements between Spec-Net and third party suppliers. Prices and associated charges for such products and services are set by third party suppliers, not Spec-Net.
Products and services may be supplied subject to separate terms and conditions of third party suppliers unless otherwise stated in writing. Such additional terms and conditions govern the legal relationship between you and third party suppliers when you acquire goods or services via the Spec-Net Online Shop. Third party terms and conditions may provide additional rights and impose additional obligations to those set out in Spec-Net’s Terms and Conditions of Sale. Any such rights and obligations are between you and the third party. Spec-Net’s Terms and Conditions of Sale do not alter the rights and obligations that arise between you and a third party supplier when you acquire goods or services via this website.
Spec-Net receives payment for products and services on behalf of third party suppliers, unless otherwise stated in writing.
Spec-Net will issue you with a tax invoice for products ordered.
We may change any provision of the Terms and Conditions of Sale without notice. We advise that, even if you are a frequent purchaser from us, you check the terms of this Agreement whenever you want to purchase products from us. Any change to this Agreement will only apply to future orders. None of our agents or employees or any third parties has any authority to change the terms of this Agreement.
Should you have any questions concerning Spec-Net’s Terms and Conditions of Sale, please contact Spec-Net via email: firstname.lastname@example.org.
Terms and Conditions of Sales
- In these Terms and Conditions of Sale ("Agreement"), "we" or "us" means Spec-Net Pty. Ltd ABN 91 003 773 564 (“Spec-Net”) and "you" means the person, organisation or entity that purchased the products or related services from us.
- Orders & Payment
- When we accept orders for goods or services, we do so as agent for third party suppliers on whose behalf we accept payment for products and services listed by such suppliers on the Spec-Net Online Shop.
- You may place an order with us by completing and submitting to us an online order form on our website. Your order constitutes an offer to buy the specified items from us. We accept your order when your payment is successfully processed via our online payment processing portal.
- You must check the order, and all pricing and product information, before you submit payment via our online payment processing portal. We will not submit your order to a third party supplier until your payment has been successfully processed by us.
- All orders must be paid for in full at time of order placement using an approved credit card or other approved payment method. Payment processing surcharges, if any, will be as advised at the checkout.
- Upon acceptance of your order, we will email you a customer order reference number and the terms of this Agreement shall apply to your purchase and our arrangement of the supply of goods and/or services to you.
- Product Availability
- Product availability and delivery times are subject to change. Where possible, stock levels and delivery times are stated on our website. Spec-Net does not warrant that goods or services will be available within a time we or a third party supplier may specify and accepts no liability for delays in supply for any reason.
- We will notify you if we are unable to supply a product you have ordered. You may cancel or amend an order for a product if we are unable to deliver it within a reasonable period of time of us accepting your order, or within a reasonable period of time after the delivery date we indicated to you, if any, whichever is the later.
- Price and Payment
- The total value of each order, including GST, delivery costs, credit card charges and any transaction costs, must be paid in full at the time of order placement. Prices are as set by third party suppliers.
- We accept payment by Visa and MasterCard credit cards and Paypal.
- Credit card data are encrypted to reduce the risk of unauthorised access or use. We take due care with your credit card details but we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.
- Gift vouchers issued by third parties, including our suppliers, may not be redeemed as payment, in whole or in part, of the purchase cost. Any promotional codes must be entered at time of order placement in order for the applicable discount or benefit to apply.
- Separate terms and conditions apply to promotional codes. Promotional codes may not be used in conjunction with any other offer or discount.
- A tax invoice will be sent to you upon receipt of payment in full. You must retain your tax invoice as proof of purchase and for any warranty claims or returns.
- Products ordered will be delivered by the respective third party supplier or their agent. Delivery fees, as stated at the checkout, will be applied and become payable when you place your order.
- If you are not able to accept delivery, a delivery fee for each additional delivery attempt may be imposed by us or a third party supplier.
- We will deliver to the delivery address specified by you when you placed your order.
- Deliveries must be signed for unless alternative arrangements have been made with the third party supplier or courier.
- The price of products we supply does not include the cost of installation unless otherwise expressly stated on our website. We do not offer installation services.
- Products ordered from us may require installation by suitably qualified and/or licensed installers. You must arrange separately such installation unless otherwise expressly stated on our website.
- Title and Risk
- Title in products delivered to you or your agent does not pass to you until we receive payment in full. If we do not receive your payment for any reason we reserve, including on behalf of our third party suppliers, the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration affecting products will pass to you on delivery.
- You accept that clause 7.1 creates a purchase money security interest in the products which we, or our third party supplier, are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) ("PPSA"). We each agree to contract out of the provisions listed in section 115 of the PPSA to the extent permitted by the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We each agree neither of us will disclose information referred to in section 275(1) of the PPSA. This clause 7.2 constitutes a confidentiality agreement for the purposes of section 275(6) of the PPSA.
- Warranties and Limitation of Liabilities
- We do not limit or exclude any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law ("ACL") (or any liability under them) which by law may not be limited or excluded. If you are a "consumer" under the ACL, the following notice applies to you:
- "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law ("Consumer Guarantees"). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
- Products purchased will usually include a manufacturer's warranty. The manufacturer's warranty may provide you with rights and remedies over and above those rights and remedies you may have under applicable law. If you are not a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. You must read the manufacturer's warranty to inform yourself if the extent of your coverage is reduced where products have been acquired for business or commercial use. If you need to make a claim under the manufacturer's warranty, you should contact the manufacturer or third party supplier, as indicated in the product warranty information accompanying the goods.
- Subject to this clause 8, and to the extent permitted by law:
- any term, guarantee, warranty, representation or condition that is not expressly stated in this Agreement is excluded;
- you acknowledge and agree to us limiting our liability to exclude any special, indirect or consequential loss or damage, loss of profit or opportunity, damage to goodwill, loss of data in any form, arising out of or in connection with the products, the services or this Agreement (including losses due to late supply or your inability to use the products or services due to their failure or late supply), or the need to restore, program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, under statute or otherwise; and
- our total liability arising out of, or in connection with, the products, the services or this Agreement, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under this Agreement.
- Where, by law, we are unable to exclude a term, guarantee, warranty, representation or condition but are able to limit our liability arising under any of them, to the extent permitted by law, we limit our liability for any breach to, at our option, the repair or replacement of products, or payment of the cost of repairing or replacing the products or, in the case of services, to supplying the services again or the cost of having the services supplied again or, in the case of goods which we supply as agent for a third party supplier, to arranging the applicable supplier to do any of the foregoing.
- You will allow us to correct any typographical, clerical or other error or omission in any information we publish or provide to you, in any acceptance or offer, invoice or other document or information issued by us, without us incurring any liability to you for doing so.
- Computer hardware and software - special conditions
- Software and computer products are supplied by us to you subject to the terms and conditions of licence agreements accompanying such software and products. You agree to comply with the terms of those agreements.
- The intellectual property rights in the software and all rights, title or interest therein remain with the licensor of the software or computer product.
- Returns, Refunds and Exchanges
- In addition to your rights under clause 8, third party suppliers may accept some products for return and issue refunds subject to specific terms and conditions and restocking fees based on the value of the goods returned and/or a minimum charge provided:
- if your product remains boxed and unopened, you may ask us for a return authorisation within 14 days of delivery. After we have received the product and confirmed its condition, we will process a refund of the purchase price, excluding delivery fees. Our collection costs and a restocking charge of 10% of the purchase price will be deducted from any refund; or
- if your product is unused but has been repacked by you with all packaging intact and we and/or a third party supplier determine that the product is suitable for resale as new, you may ask us for a return authorisation within 14 days of delivery. Our collection costs and a restocking charge of 20% of the purchase price will be deducted from any refund.
- Subject to clause 8, we will not accept for return a product that has been used or installed or where you have attempted to install it. Custom-made products and non-standard catalogue items may not be returned.
- You must contact us to request a return authorisation number and to arrange collection of products eligible for return prior to returning them.
- You must ensure that products are packed securely for shipping before return or collection. You will be liable for any damage arising from packing that is less protective than the packing used to ship the product to you. If all original items, including packaging and documentation, including manuals and warranty registration cards, are not returned, or you do not obtain a return authorisation before returning a product, your product will not be accepted for return and you will be liable for the cost of returning the product to you.
- Subject to this clause 10, we will process any refund once its supplier has received the product at its warehouse and inspected it and we have determined that it is eligible for a refund under this Agreement. Any refund will be by reversal of the original charge less amounts we are entitled to deduct pursuant to clause 10.1.
- Repair of Products
- If you return a product to us for repair or replacement you are responsible for making and retaining a copy of any data on the product to protect it against loss or damage. We will not be responsible for loss of, or damage to, any such data howsoever arising, including by our intentional deletion in the course of handling or repairing the product.
- Some manufacturers or suppliers may elect to replace warranty items with products of the same type rather than repairing them. Such replacements may include refurbished products provided they perform in accordance with the manufacturer’s specifications and are not damaged.
- Force Majeure
- If we are unable to perform our obligations under this Agreement due to circumstances beyond our reasonable control we will not be liable to you in any way save for the provision of a payment otherwise due to you under this Agreement. If our inability to perform continues for more than 3 months, we may terminate this Agreement, and any order hereunder, upon 5 business days' written notice.
- This Agreement contains all of the terms governing our contractual relationship. No terms or conditions you add to your order vary these terms or apply in any way and no such terms other than those in this Agreement will be binding upon us or have any legal effect.
- We may refuse to supply products or services to you, or terminate our contract with you or your account with us, and remove or edit content on our website, at our sole discretion and without incurring any liability to you.
- No assignment of any of your rights or obligations under this Agreement is valid unless you receive our prior written consent.
- Any notice in connection with this Agreement may be emailed by either party to the email address notified by each party from time to time.
- If a court holds that any term or condition of this Agreement is invalid, illegal or unenforceable, it shall be read down, so far as possible, to make it valid, legal and enforceable. Only if such reading down is not possible will the term or condition be excluded from this Agreement.
- If a party fails to insist upon strict performance by the other party of any provision in this Agreement, such failure will not be taken to be a waiver of any existing or future rights in relation to the provision.
- This Agreement is governed by the laws of New South Wales. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.