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Conditions of Use
WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND
CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT
www.thecoverguys.com.au. BY ACCESSING THIS WEBSITE AND/OR
PLACING AN ORDER,
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. USING
THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS
REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US
OR
ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE
THIS WEBSITE.
Warranty information is as follows:-
In the event of a faulty good, the product must be returned
in the original unused condition. TheCoverGuys will cover
posatge costs for faulty items.
Should you wish to return any goods you must contact
TheCoverGuys to obtain a Return Authority Code. You will
then be advised of the returns procedure. Please be aware
that this Return Authority Code does not guarantee that you
will receive a refund or a replacement. Your returned
product will be subject to a thorough examination. In order
to be covered by warranty, the returned item must be deemed
to be faulty by a member of TheCoverGuys team. A
representative of TheCoverGuys will then contact you with
the results of this examination. Please note that faults
caused by misuse or normal wear and tear are not covered by
our warranty policy. If no product fault is found following
examination, you will bear the costs associated with the
return of the product to you.
It is your responsibility to ensure all returned goods are
suitably packaged. We do not accept responsibility for lost
or damaged goods in transit. Further, shipping costs
associated with the original purchase are non refundable.
Please note, any applicable warranty will be voided where
the product has been the subject of unauthorized repairs.
If you have any questions regarding warranty please contact
us.
1. INTRODUCTION
1.1 You will be able to access most areas of this Website
without registering your details with us. Certain areas of
this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by
updating this posting. You should check this Website from
time to time to review the then current terms and
conditions, because they are binding on you. Certain
provisions of these terms and conditions may be superseded
by expressly designated legal notices or terms located on
particular pages of this Website. If you do not wish to
accept any new terms and conditions after we have given
notice, you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to have placed an internet order with us
by ordering via our online checkout process. As part of our
checkout process you will be given the opportunity to check
your order and to correct any errors. We will send you an
order acknowledgement, detailing the products you have
ordered.
2.2 Our acceptance of an order takes place when we change
the order status to pending. We will send you a despatch
confirmation by email. When we despatch the order the
purchase contract will be made even if your payment has been
processed immediately, unless we have notified you that we
do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
a. where goods are not available;
b. where we cannot obtain authorisation for your payment;
c. if there has been a pricing or product description error;
or
d. if you do not meet any eligibility criteria set out in
our terms and conditions.
3. PRICING
3.1 All item costs and other costs are displayed in
Australian Dollars (AUD).
3.2 Our prices do not include VAT as we are not registered
for VAT.
3.3 Where we charge separately for packing, carriage and
insurance and other relevant charges, the appropriate rates
are set out in our specified pricing structure shown
elsewhere on this Website.
3.4 For Australian buyers, GST is automatically included in
the purchase price and any shipping/handling costs.
4. PAYMENT OPTIONS
Our accepted payment options are PayPal (http://www.paypal.com.au)
/Credit Card. We accept VISA and MasterCard. Payment is also
available via direct deposit. You can select this payment
option when completing the checkout and will be given the
required details.
The Cover Guys is a subsidiary of World Wide Accessories Pty Ltd
5. CANCELLATION AND RETURNS POLICY
5.1 If you wish to cancel your order:
a. you can notify us by via the Contact us page before we
have dispatched the goods to you; or
b. Where goods have already been dispatched to you, by
returning goods to us in accordance with Clauses 5.2, 5.3
and 5.4 below.
5.2. You can return goods you have ordered from us at any
time within 14 days of receipt for a full refund or
exchange. The costs associated in the returning of goods to
us shall be borne by you, the customer. A 20% restocking fee
will apply to any unwanted goods returned for a refund. All
returned goods must be unused, in the original packaging and
in a saleable condition. We cannot accept responsibility for
goods damaged or lost in transit back to us.
Shipping costs for original purchases are non-refundable,
regardless of the reason for return.
5.3 The rights to return the goods to us as referred to in
Clause 5 will not apply in the following circumstances: -
a. In the event that the product has been used.
b. To any products that we have made or customised
specifically for you.
5.4. Upon receipt of the goods and in satisfaction of
Clauses 5.1, 5.2 and 5.3 we will give you a full refund of
the amount paid for the item or an exchange credit as
required.
The provisions of these Clauses do not affect your statutory
rights.
6. LICENCE
6.1 You are permitted to print and download extracts from
this Website for your own use on the following basis:
a. no documents or related graphics on this Website are
modified in any way;
b. no graphics on this Website are used separately from
accompanying text; and
c. any of our copyright and trade mark notices and this
permission notice appear in all copies.
6.2 Unless otherwise stated, the copyright and other
intellectual property rights in all material on this Website
(including without limitation photographs and graphical
images) are owned by us or our licensors. For the purposes
of these terms and conditions, any use of extracts from this
Website other than in accordance with clause 6.1 above for
any purpose is prohibited. If you breach any of the terms in
these terms and conditions, your permission to use this
Website automatically terminates and you must immediately
destroy any downloaded or printed extracts from this
Website.
6.3 Subject to clause 6.1, no part of this Website may be
reproduced or stored in any other website or included in any
public or private electronic retrieval system or service
without our prior written permission.
6.4 Any rights not expressly granted in these terms are
reserved.
7. SERVICE ACCESS
7.1 while we endeavour to ensure that this Website is
normally available 24 hours a day, we will not be liable if
for any reason this Website is unavailable at any time or
for any period.
7.2 Access to this Website may be suspended temporarily and
without notice in the case of system failure, maintenance or
repair or for reasons beyond our control.
8. VISITOR MATERIAL AND CONDUCT
8.1 Other than personally identifiable information, which is
covered under the Privacy Policy, any material you transmit
or post to this Website will be considered non-confidential
and non-proprietary. We will have no obligations with
respect to such material. We and our nominees will be free
to copy, disclose, distribute, incorporate and otherwise use
such material and all data, images, sounds, text and other
things embodied therein for any and all commercial or
non-commercial purposes.
8.2 You are prohibited from posting or transmitting to or
from this Website any material:
a. that is threatening, defamatory, obscene, indecent,
seditious, offensive, pornographic, abusive, liable to
incite racial hatred, discriminatory, menacing, scandalous,
inflammatory, blasphemous, in breach of confidence, in
breach of privacy or which may cause annoyance or
inconvenience;
b. for which you have not obtained all necessary licences
and/or approvals;
c. which constitutes or encourages conduct that would be
considered a criminal offence, give rise to civil liability,
or otherwise be contrary to the law of or infringe the
rights of any third party, in the Australia or any other
country in the world; or
d. which is technically harmful (including, without
limitation, computer viruses, logic bombs, Trojan horses,
worms, harmful components, corrupted data or other malicious
software or harmful data).
8.3 You may not misuse the Website (including, without
limitation, by hacking).
8.4 We will fully co-operate with any law enforcement
authorities or court order requesting or directing us to
disclose the identity or locate anyone posting any material
in breach of clauses 8.2 or 8.3.
9. LINKS TO AND FROM OTHER WEBSITES
9.1 Links to third party websites on this Website are
provided solely for your convenience. If you use these
links, you leave this Website. We have not reviewed all of
these third party websites and do not control and are not
responsible for these websites or their content or
availability. We therefore do not endorse or make any
representations about them, or any material found there, or
any results that may be obtained from using them. If you
decide to access any of the third party websites linked to
this Website, you do so entirely at your own risk.
9.2 If you would like to link to this Website, you may only
do so on the basis that you link to, but do not replicate,
the home page of this Website, and subject to the following
conditions:
a. you do not remove, distort or otherwise alter the size or
appearance of the www.thecoverguys.com.au logo;
b. you do not create a frame or any other browser or border
environment around this Website;
c. you do not in any way imply that we are endorsing any
products or services other than our own;
d. you do not misrepresent your relationship with us nor
present any other false information about us;
e. you do not otherwise use any Pictures2stitches trademarks
displayed on this Website without our express written
permission;
f. you do not link from a website that is not owned by you;
and
g. your website does not contain content that is
distasteful, offensive or controversial, infringes any
intellectual property rights or other rights of any other
person or otherwise does not comply with all applicable laws
and regulations. We expressly reserve the right to revoke
the right granted in this clause 8.2 for breach of these
terms and to take any action we deem appropriate.
9.3 You shall fully indemnify us for any loss or damage we
or any of our group companies may suffer or incur as a
result of your breach of clause 9.2.
10. REGISTRATION
10.1 To register with www.thecoverguys.com.au you must be
over eighteen years of age.
10.2 Each registration is for a single user only. We do not
permit you to share your user name and password with any
other person nor with multiple users on a network.
10.3 Responsibility for the security of any passwords issued
rests with you and if you know or suspect that someone else
knows your password, you should contact us immediately.
10.4 We may suspend or cancel your registration immediately
at our reasonable discretion or if you breach any of your
obligations under these terms and conditions.
11. DISCLAIMER
11.1 While we endeavour to ensure that the information on
this Website is correct, we do not warrant the accuracy and
completeness of the material on this Website. We may make
changes to the material on this Website, or to the products
and prices described in it, at any time without notice. The
material on this Website may be out of date, and we make
no commitment to update such material.
11.2 The material on this Website is provided “as is”
without any conditions, warranties or other terms of any
kind. Accordingly, to the maximum extent permitted by law,
we
provide you with this Website on the basis that we exclude
all representations, warranties, conditions and other terms
(including, without limitation, the conditions implied by
law of satisfactory quality, fitness for purpose and the use
of reasonable care and skill) which but for these terms and
conditions might have effect in relation to this
Website.
12. LIABILITY
12.1 We, any other party (whether or not involved in
creating, producing, maintaining or delivering this
Website), and any of our group companies and the officers,
directors,
employees, shareholders or agents of any of them, exclude
all liability and responsibility for any amount or kind of
loss or damage that may result to you or a third party
(including without limitation, any direct, indirect,
punitive or consequential loss or damages, or any loss of
income, profits, goodwill, data, contracts, use of money, or
loss
or damages arising from or connected in any way to business
interruption, and whether in tort (including without
limitation negligence), contract or otherwise) in connection
with this Website in any way or in connection with the use,
inability to use or the results of use of this Website, any
websites linked to this Website or the material on such
websites, including but not limited to loss or damage due to
viruses that may infect your computer equipment, software,
data or other property on account of your access to, use
of, or browsing this Website or your downloading of any
material from this Website or any websites linked to this
Website.
12.2 Nothing in these terms and conditions shall exclude or
limit our liability for
a. death or personal injury caused by negligence (as such
term is defined by the Unfair Contract Terms Act 1977);
b. fraud;
c. misrepresentation as to a fundamental matter; or (iv) any
liability which cannot be excluded or limited under
applicable law.
12.3 If your use of material on this Website results in the
need for servicing, repair or correction of equipment,
software or data, you assume all costs thereof.
12.4 You agree to indemnify us fully, defend and hold us,
and our officers, directors, employees and agents, harmless
from and against all claims, liability, damages, losses,
costs (including reasonable legal fees) arising out of any
breach of the terms and conditions by you, or your use of
this Website, or the use by any other person using your
registration details.
13. GOVERNING LAW AND JURISDICTION
13.1 These terms and conditions shall be governed by and
construed in accordance with English law. Disputes arising
in connection with these terms and conditions shall be
subject to the exclusive jurisdiction of the English courts.
13.2 We do not warrant that materials/items for sale on the
Website are appropriate or available for use outside the
Australia. It is prohibited to access the Website from
territories where its contents are illegal or unlawful. If
you access this Website from locations outside of Australia,
you do so at your own risk and you are responsible
for compliance with local laws.
14. MISCELLANEOUS
14.1 You may not assign, sub-license or otherwise transfer
any of your rights under these terms and conditions
14.2 If any provision of these terms and conditions is found
by any court of competent jurisdiction to be invalid, the
invalidity of that provision will not affect the validity
of the remaining provisions which shall continue to have
full force and effect.
14.3 Only the parties to these terms and conditions may seek
to enforce them under the Contracts (Rights of Third
Parties) Act 1999.
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