Acatana Pty Ltd Terms and Conditions
1. Acatana Policy
These terms and conditions apply to all your purchases from Acatana Pty Ltd (Acatana). They contain very important information about your legal rights and obligations, including legal limitations and exclusions that apply to you.
By placing an order for any product from Acatana, you (Customer) agree to be bound by the terms and conditions listed below. You and Acatana agree that the following terms and conditions are the exclusive terms governing the sales transaction between the Customer and Acatana. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void.
In addition, these terms and conditions are subject to change at any time, without prior written notice. Please check these terms and conditions each time you place an order or accept delivery of any goods from Acatana.Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
These are the terms on which Acatana permits users (referred to as you or your) to access and use the Acatana website www.acatana.com.au(Website) including using the services and functionality made available through the Website, viewing Content (defined in clause 12) provided by Website, communicating with Acatana, reviewing product information and placing an order, services or both (Order) through Acatana web store (Online Store).
You agree to be bound by these Terms when you:
- use, browse or access any part of the Website;
- register an account with the Website; or
- place an Order through the Online Store.
2. Registering an Account
You will be required to register an account to make an Order on the Online Store or access other particular areas of the Website (Account).
You warrant that all information and data provided by you in the registration is accurate, complete and up to date. You will promptly inform Acatana if there is any change to this information or data.
By registering an Account, you warrant to us that you are at least 18 years of age and possess the legal authority to enter into, and use the Website in accordance with, these Terms.
You agree to be financially responsible for all of your use of the Website (as well as for use of your Account by others, including without limitation minors (under 18 years old) living with you or in your care).
3. Login / Password
You may only make an Order on the Online Store by entering the Account login and password selected by you when registering your Account on the Website (Password).
You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who enters into a transaction using your Password, as if they were your own acts and omissions.
You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify Acatana of any Password which is lost, inoperable or used in an unauthorised manner.
Acatana will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify Acatana against all loss, damage, claims, costs or demands in this regard.
4. Ordering Policy through the Online Store
The following Policy is applied to help us help you.
By placing an Order via the Online Store you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by Acatana on its discretion after receipt of the Order.
Provided you have not accepted delivery of the products, where possible, Acatana may in its discretion permit an Order to be cancelled, but cancellations cannot be guaranteed once any applicable payment is received for the Order.
The Order cannot be cancelled by you once you accept delivery of the products.
Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation E-mail). Where your Order is not accepted by us, your Account will be updated indicating that your Order has not been accepted. If you do not receive a Confirmation Email, please login to your Account to check the status of your Order.
Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.
No modification of orders (changing items) can occur after your order has been approved and is in the "Processing" status, unless the item is on a lengthy back order.
To cancel/modify an order please submit an enquiry. If you are unable to submit a modification/cancellation then your order has passed the approval stage and your order is therefore final.
5. Changes to products, services and pricing
We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).
All updates and modifications to the Website including any changes to the Content, Online Store, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website.
All transactions are processed in Australian Dollars and GST inclusive
In all other respects prices are exclusive of taxes, duties and charges imposed or levied in Australia in connection with the supply of goods or services.
Our website is updated frequently to ensure that you'll view the latest products and correct pricing available, and that you receive all of the latest savings. At the time you make a purchase you agree to the listed price. The listed price is subject to change.
Acatana reserves the right to make changes and corrections in prices, products and specifications without notice due to errors arising from misprints, technical and human errors.
Payment for an Order is made:
- online through the Online Store if you elect to have your Order delivered to you using one of our third party couriers (Online Payment); or
- in person if you elect to pick up your Order from our premises (In Store Payment).
We accept Online Payment using VISA and MasterCard credit cards, PayPal, direct deposit
For In Store Payments, we accept VISA and MasterCard credit cards
We only accept credit cards issued in Australia, and a 2% credit card surcharge on the value of the Order applies to all credit card transactions. For all PayPal transactions, a 2% surcharge on the value of the Order applies.
The credit card holder must be either the billing or shipping recipient. All PayPal orders will ship to the registered PayPal address.
If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.
If we are unable to successfully process your credit card for your Order that is accepted by us, then we may cancel your Order.
You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.
We will provide you with a receipt at time of delivery (in respect of Online Payments) or in store (in respect of In Store Payments) which specifies the total fees and charges for the products and services in your Order. These details are also available under your Account for you to refer to or print at any time for the period that your Account remains active.
8. Order Delivery
We offer the choice of shipping using StarTrack and Australia Post eParcelor Couriers(Third Party Couriers). Shipping and delivery of Orders will be in accordance with the delivery terms of the Third Party Couriers.
You must provide a physical delivery address where someone is likely to be available to accept the delivery of your Order during business hours. You may be required by the Third Party Couriers to provide proof of identification for verification checks, in accordance with their delivery terms.
Shipping costs are influenced by the size and weight of the products in your Order and your location. You can see the pricing on the available shipping options by entering your post code into the freight calculator.
We aim to ship all Orders, where products are in stock, within 1-2 business days. If for any reason we are unable to dispatch your Order we will notify you within 2 business days. Shipping times are estimated at between 1-7 business days depending on your location within Australia, but are subject to the delivery terms of the Third Party Couriers and can be affected by weather conditions or public holidays.
9. Risk and title
If you elect to pick up your Order from our premises, then title and all risk of loss or damage to any product in your Order passes to you upon payment and collection from our premises.
If you elect to have your Order delivered to you using one of the Third Party Couriers, then title to the products in your Order passes to you upon delivery.
10. Returns and refunds of an Order
Acatana don’t accept the return or exchange if consumers
• simply changed their mind;
• no longer require due to changed personal circumstances;
• found the product cheaper somewhere else;
• the goods are damaged due to misuse; or
• already knew of a particular fault in a product or we advised you of a particular fault in a product prior to purchase
So please choose carefully.
In order to obtain a refund, exchange or to repair a product purchased from Acatana, including those products which carry a manufacturer's warranty, you must have clear proof of purchase; typically, a receipt or invoice.
To return your product (including warranty returns for faulty products, or where you have been sent the wrong item), please go to your Account and click on "Returns and Service Department" to fill in the appropriate request form. We will review your request, and at our option, issue you a Return Authorisation number. If we issue you a Return Authorisation number, please clearly print it on the outside of the package when returning your product to us. You acknowledge that by issuing you with a Return Authorisation number, we are not representing that your warranty claim is valid or that you will be entitled to have your product repaired or replaced, or a refund provided in relation to that product.
In relation to returning faulty products, warranty periods are strictly enforced by manufacturers. It is therefore important that you immediately apply for a Return Authorisation number as soon as you become aware of the need to do so. When we receive your product, we will assess whether the product has a fault and can be accepted as a warranty claim. We may be required to consult with the manufacturer or their repair agent to determine the fault and resolution. If we have to send your product to the manufacturer or their repair agent, we will ask them to assess the product and provide their assessment within a reasonable timeframe. Where the assessment finds that there is no fault with the product, or that the product has been damaged due to use of the product by you for a purpose for which it is not intended, outside its recommended parameters or specifications, or circumstances otherwise beyond our control, we may require, at our option, that you compensate us for any fees incurred by us in relation to the assessment. Once your product assessment is completed, we will inform you whether your warranty claim is accepted, and subject to clause 18, whether we will repair, replace or refund your product.
Acatana Website is owned and operated by or on behalf of Acatana Pty Ltd
All product images on Acatana website may vary from the actual product. All typographical errors are subject to correction. Please note that images are only to be used as a point of reference and are not indicative, in any way, of the actual product.
All intellectual property rights (including copyright and patents) in the information, comment, content, communication, advice, text, training materials, trademarks, logos, service names and trade names of Acatana, images of people or places or other content (Content) contained in the Website are owned or licensed by Acatana.
The Content on the Website is for general information purposes only. Acatana does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of the Content by another person or organisation is at the user's own risk.
The Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on the Website is not an endorsement of any organisation, product or service.
We may modify any information on the Website (including Content) at our discretion for any reason. All updates and modifications to the Website (including Content) will be subject to these Terms.
If you have a complaint regarding any Content on the Website, Acatana's sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
Please be assured that Acatana makes every effort to ensure product description accuracy, however specifications, features, documents and graphics published may contain technical inaccuracies or typographical errors. If an error is made or a product is listed at an incorrect price, Acatana will endeavour to correct the error as soon as possible.
12. Prohibited uses
Unless expressly permitted by and in accordance with these Terms, you agree that in accessing and using the Website, you will not:
- download or modify the Website or any portion of the Website;
- impersonate or falsely claim to represent a person or organisation;
- frame the Website without Acatana's express written permission; or
- post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.
The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for their content or accuracy. Acatana provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.
Acatana is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. Acatana
is not responsible for and will not be liable in respect of any incorrect link to an external web site.
14. Access and communication
Acatana does not warrant that you will have continuous access to the Website. Acatana may not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
Acatana does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including e-mail) is vulnerable to interception by third parties.
Whilst Acatana takes reasonable precautions to protect information transmitted via the Website (for instance, when you access your Account, or you make a purchase, a secure connection via Secure Socket Layer technology is established with your web browser to ensure that your details are encrypted and securely communicated to us), Acatana cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
Acatana does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
You will fully indemnify Acatana in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
· any breach of these Terms by you;
· your use of the Website; or
· your communications with Acatana
17. Warranties, consumer guarantees and limitation of liability
Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
To the fullest extent permitted by law, the liability of Acatana for a breach of a non-excludable guarantee referred to in clause 18 is limited, at Acatana's option, to:
in the case of goods supplied or offered by us, any one or more of the following:
-the replacement of the goods or the supply of equivalent goods;
-the repair of the goods;
-the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
Subject to clause 18, you acknowledge and agree that, Acatana is not the manufacturer or producer of any Non-Acatana Product, and the only warranties offered in respect of a Non-Acatana Product are those of the manufacturer, not Acatana. Except as expressly set out in these Terms and to the extent permitted by law including the ACL, Acatana does not make or will not be deemed to have made any:
(a) warranty or representation, express or implied, as to:
- the title, condition, design, operation, acceptable quality or fitness for purpose of any product (or any part thereof);
- the absence of any latent or other defects;
- the absence of any infringement of any intellectual property rights (including copyright and patents);
- the absence of obligations based on strict liability in tort; or
(b) other representation, guarantee or warranty whatsoever, express or implied,
with respect to any Product or any part thereof or services sold on the Website.
In addition to any manufacturers' warranties for Non-Acatana, the Products and services sold on the Website come with consumer guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
Before any manufacturer’s warranty claim, consumers are requested to make sure the product is:
• Not affected by being used incorrectly or in an abnormal way. Such a use may be noted in the warranty as rendering it void, or it may be a use that you wouldn't reasonably expect the product to perform.
• Not disposed of, lost or destroyed. In other words, there needs to be proof that the product has failed.
• Not reduced in value by delay on the customer's part. Customers should bring faults to Acatana’sattention soon after they occur.
Acatana does not have to pay for damages or losses that
(i) are not caused by Acatana's conduct or the Products, or
(ii) (ii) relate to something independent of Acatana’s business, after the Products have left Acatana’s control. You are also entitled to have the Products repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The consumer guarantees under the ACL have no set time limit, and depending on the price and quality of the Product, you may be entitled to a remedy even after any manufacturers' warranty for Non-Acatana Products has expired. In that circumstance, Acatana recommends that:
In relation to Non-Acatana Products, you contact the manufacturer's customer assistance department directly. Although the manufacturer's warranty has expired, the manufacturer is obliged (and best placed) to assess the nature, cause and extent of a failure or fault if you believe your consumer guarantees have been breached. If you are not satisfied with the manufacturer's remedy, then please contact us (see clause 22) for assistance
Acatana will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Content, all links to or from the Website or the goods and services advertised or purchased from the Website.
Subject to this clause 18, the maximum aggregate liability of Acatana for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
18. Termination of your access to the Website
Acatana may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
19. Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
21. Contacting us