Interpretation
(a) In these conditions:
Account means an account created by the Buyer on the Website;
Buyer means the customer dealing with the Seller.
GST means:
- the same as in the GST Law;
- any other goods and services tax, or any tax applying to this agreement in a similar way; and
- any additional tax, penalty tax, fine, interest or other charge under a law of such a tax.
GST Law means the same as ‘GST law’ in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Order means an order for goods, placed on the Website by the Buyer;
Password means the password needed to access the Buyer’s Account;
Goods means any products that are the subject of an Order.
Seller means 2000 Computers & Networks Pty Ltd ACN 113 322 713, of PO Box 3016, Yokine, WA 6060, which is the seller of the Goods.
Website means www.pcbs.com.au
(b) Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.
- General
These conditions shall prevail over any other terms and conditions contained in any document of the Buyer or elsewhere, to the extent of any inconsistency. Any terms and conditions proposed by the Buyer that are inconsistent with these conditions are expressly rejected, and the Buyer agrees may be disregarded.
- Terms of sale
The Goods and all other products sold by Seller are sold on these terms and conditions. By making any Order for the Goods or taking delivery of the Goods the Buyer accepts these terms and conditions.
- Pricing and Taxes
(a) Prices for Goods are as shown on the Website.
(b) The Seller reserves the right to change the prices of Goods at any time without notice to the Buyer. The price displayed at the time that the Buyer places an Order will continue to apply to the Buyer even if the price changes before the Buyer’s order is accepted by the Seller.
(c) In addition to the price for the Goods, the Buyer will also need to pay any freight, handling or other charges set out on the Website (“ Freight Charge”). Any Freight Charge will appear in the Buyer’s shopping cart on the Website.
(d) In addition to the price for the Goods and the Freight Charge (if any) the Buyer may also need to pay any additional Freight Charges which are not shown in the Buyer’s shopping cart but which the Seller incurs because the Buyer is located in an area to which the Seller’s national courier company does not provide a door-to-door service (“Additional Freight Charge”). If the Buyer is located in an area to which an Additional Freight Charge will apply the Seller will contact the Buyer before accepting the Buyer’s Order and provide the Buyer with a quote for the Additional Freight Charge. If, within the timescale specified, the Buyer does not agree to accept the Additional Freight Charge, The Seller will cancel the Buyer’s Order.
(e) If the Seller agrees to deliver Goods outside of Australia, international Freight Charges will apply (“International Freight Charges”). International Freight Charges, applicable to the Buyer’s relevant country, will appear in the Buyer’s shopping cart. The Buyer will also be responsible for any foreign taxes or duties that apply including, without limitation, any customers or import duties.
(f) By placing an Order the Buyer agrees to pay the price for the Goods, any Freight Charge, any Additional Freight Charge and any International Freight Charge.
(g) All prices and Additional Freight Charges and International Freight Charges quoted are in Australian dollars and are exclusive of GST. In addition to the price for the Goods and Freight Charges, Additional Freight Charges and International Freight Charges (if any) the Buyer must pay an amount equal to any GST payable from any supply by the Seller in respect of which the price for the Goods or any other amount is payable under these terms and conditions. Any GST will appear in the Buyer’s shopping cart on the Website.
- Buyer’s Account
(a) The Buyer must create an Account before placing an Order.
(b) A Buyer may not set up an Account for someone else.
(c) The Buyer must ensure that it enters all information carefully when creating an Account. The Buyer warrants to The Seller that all information provided by the Buyer in relation to the Buyer’s Account is complete, true and accurate
(d) The Buyer must notify The Seller immediately if the Buyer becomes aware of any actual or potential unauthorised use of the Buyer’s Password or Account.
(e) Except to the extent otherwise required by law the Seller will not be liable to the Buyer, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) the Buyer’s Account information being incomplete or inaccurate; or (ii) any unauthorised use of the Buyer’s Password or Account which takes place before the Buyer notifies The Seller, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
(f) If The Seller suffers any loss, damage, cost or expense as a result of any unauthorised use of the Buyer’s Password or Account which takes place before the Buyer notifies The Seller then the Buyer must pay The Seller the amount of that loss, damage, cost or expense if The Seller asks you to.
(a) The Buyer can place an Order by following the instructions on the Website.
(b) An Order submitted by the Buyer is an offer by the Buyer to purchase the Goods for the price plus the Freight Charge as shown at the time of submission of the Buyer’s Order and any applicable Additional Freight Charge or International Freight Charge, plus any GST. The Seller may accept or reject the Buyer’s offer in its absolute discretion. In particular, but without limitation, The Seller may reject Orders for non-commercial quantities of Goods.
(c) Each Order that the Buyer places will, if accepted by The Seller, be a separate and binding agreement between the Buyer and The Seller with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
(d) If the Buyer places an Order for someone else to receive the Goods the Buyer must obtain their consent before providing The Seller with their personal information and, by placing an Order, the Buyer confirms to The Seller that the Buyer has done this.
(e) The Buyer must ensure that it enters all information carefully when placing an Order. The Buyer warrants to The Seller that all information provided by the Buyer in relation to each Order is complete, true and accurate.
(f) The Buyer must check each Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by The Seller.
(g) Except to the extent otherwise required by law the Seller will not be liable to the Buyer, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of Order information being incomplete or inaccurate or as a result of being unable to change or cancel an Order once it has been accepted by The Seller, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
(h) Where a Buyer places separate Orders the Goods will be delivered separately and a separate Freight Charge (and Additional Freight Charge/ International Freight Charge if applicable) will apply to each Order. The Seller cannot consolidate separate Orders into one delivery.
(i) The internet can be an unstable, and sometimes insecure, marketplace. The Buyer acknowledges and agrees that at times the facility to place Orders may not be available, the Buyer’s Order might not be received, the Buyer’s Order may be lost or misdirected, or the Buyer’s Order might be delayed.
(j) The Buyer must take its own precautions to ensure that the process which the Buyer employs for accessing the Website does not expose the Buyer to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
(k) Except to the extent otherwise required by law the Seller will not be liable to the Buyer, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in clause 6(i) or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- After an Order / Payment is submitted
(a) When the Buyer submits an Order that is accepted by the Seller, the Buyer will receive a notification to that effect from the Seller.
(b) The Seller will process payment for the Buyer’s Order when, or shortly after, the Buyer places its Order (except to the extent set out in clause 4(d)). The Buyer’s Order is deemed to be accepted by the Seller when the Seller does this, however The Seller may, in certain circumstances, cancel the Buyer’s Order after acceptance as set out in these Terms & Conditions. In the event that the Seller cancels the Buyer’s Order having already processed payment, it will refund payment in accordance with clause 8.
(c) When the Seller accepts an Order from the Buyer it represents an agreement by the Seller to supply the Goods to the Buyer in accordance with the Buyer’s Order subject to receiving payment from the Buyer and subject to these Terms and Conditions.
(d) The Buyer must pay for Goods by credit card. If the name on the credit card account does not match the name on the Order, The Seller may ask the Buyer to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing credit card/payment card details the Buyer authorises the Seller to deduct the price and the applicable Freight Charge(s) (and Additional Freight Charge/ International Freight Charge if applicable) and GST from such card.
(e) The Seller reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
(f) The Seller may not be able to, or may decline to, accept payment from the Buyer at any time for any reason including, without limitation: (i) where the Seller’s fraud detection systems detect possible irregularities; (ii) because the Buyer’s financial institution has declined payment; or (iii) because the Buyer’s payment card has expired. Where this is the case, The Seller reserves the right to cancel the Buyer’s Order and/or place the Order on hold and request the Buyer to provide additional information (for example, proof of identity documents) or arrange payment by another method.
(g) Goods that the Buyer has ordered will not be dispatched to the Buyer until payment for the Goods has cleared. If the Buyer’s payment cannot be processed, the Order will be rejected and the Seller shall not be liable for any failure to supply.
(a) The Seller reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. The Seller may do this for example, but without limitation, where:
(i) the Seller’s suppliers are unable to supply Goods that they have previously promised to supply;
(ii) an event beyond the Seller’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that The Seller is unable to supply the Goods within a reasonable time;
(iii) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted.
(b) Where the Seller cancels the Buyer’s Order after acceptance it will notify the Buyer.
(c) In the event of the Seller cancelling the Buyer’s Order after payment has been processed, the Seller will refund any money paid in respect of that Order.
(d) Except to the extent otherwise required by law or as expressly set out in these terms and conditions, the Seller will not be liable to the Buyer, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of the Buyer’s Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- Compliance with Drawings, Technical Data Sheets, etc.
(a) Any deviation of the Goods from any technical data sheets, drawings, particulars of weights and dimensions or other specifications submitted to the Seller does not vitiate any contract with the Seller or form grounds for any claim against the Seller. The Seller expressly excludes any agreement, warranty or representation that the Goods will conform to any specifications other than those supplied by the Seller in relation to the Goods.
(b) In any order of Goods, variations from drawings or technical data sheets may occur in some items, subject to acceptable quality limit documentation and sampling methods, details of which are available on request. The Seller will not be liable for such variations that are within the parameters set out in any acceptable quality limit documentation issued by the manufacturer of the Goods. Such documentation is available from the Seller on request.
(c) The descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods or of the description applied to the Goods, unless specifically guaranteed in writing by the Seller.
(d) The drawings, specifications, computer media, documents, samples, or other information the Seller furnishes the Buyer in connection with the Goods may comprise in whole or part trade secrets that are proprietary to the Seller and protectable by law. The Buyer agrees that it will disclose the trade secrets only to its employees and agents on a “need-to-know” basis, will take reasonable measures to prevent disclosure of the trade secrets to any other persons, and will return to the Seller or destroy any information containing the trade secrets after the Buyer’s need for the information ends, or upon the Sellers demand.
10. Delivery
(a) The delivery times made known to the Buyer are estimates only and the Seller is not liable for late delivery.
(b) The Seller will not be liable for any loss, damage or delay occasioned to the Buyer or its Buyers arising from late or non-delivery or late installation of the Goods.
(c) All Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, the Goods may be dispatched separately in instalments and the Seller reserves the right to do so.
(d) If the Seller delivers any of the Goods by instalments, and any one of those instalments is defective for any reason:
(i) this does not constitute a repudiation of the contract of sale formed by these conditions; and
(ii) the defective instalment is a severable breach that gives rise only to a claim for compensation.
11. Returns/Faulty or Damaged Goods
(a) The Buyer must check Goods as soon as they are delivered to the Buyer in order to ensure that: (i) they are what was ordered; and (ii) they are not damaged or faulty. If this is not the case the Buyer must contact the Seller immediately.
(b) If the Buyer has a problem with any Goods and wishes to return them please contact us/
(c) When returning Goods the Buyer must provide the Seller with proof of purchase