General terms & conditions

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TERMS OF USE

In this Privacy Policy, Website means the domain name shop.ilovecomputers.com.au and any sub-domains.

 

Introduction

The Website is the property of iLove Computers Pty Ltd (ACN 164 324 912) (we/our/us). The Website is protected by Australian and international copyright laws.

The Website provides a venue for our customers to access information and place orders for goods which are offered for sale by us.

This is a binding legal agreement between us and you. If you do not agree with the Terms of Use, please refrain from utilising our Website.

These Terms of Use must be read in conjunction with the Website Privacy Policy and Terms of Supply.

Prohibited Uses

You are prohibited from:

  • utilising images or mock-ups of our products or any other intellectual property contained on our Website for a commercial purpose; and
  • using our Website to promote, encourage, or provide instructional information about illegal activities.

Accounts and Passwords

When you create a User Account you agree that:

  • you are responsible for the use of your account, username and password; and
  • you will keep your username and password details secure.

Outbound links

Links to third-party sites from the Website are for your convenience only and are not an endorsement by us. We will not be responsible in any manner whatsoever for the use of such links by users or the consequences of doing so.

Changes to Terms of Use

We reserve the right to change, modify or amend our Terms of Use at any time by updating these Terms of Use on our Website without any other form of notice. If we are of the belief that any change to these Terms of Use will materially affect our customers we will provide a notice on our Website of the change(s) that have occurred.

Contact us

Please direct all queries about our Terms of Use to:

iLove Computers Pty Ltd (ACN 164 324 912) via “Contact Us” page.

You can also access the Webstore “Contact Us” page for further information about this Website.

 

TERMS OF SUPPLY

DEFINITIONS

  • In these Terms and Conditions, unless the context or subject matter otherwise require:
    Business Day     means a day, not being a Saturday, Sunday or gazetted public holiday in the Sunshine Coast, Queensland, Australia;
    Contract means the contract formed between us and You pursuant to clause 6 of these Terms and Conditions;
    Delivery means delivery to the location/s agreed between You and us and includes such other place or date (as the case may be) as the parties may agree or as we, in our sole discretion, consider reasonable in the circumstances;
    Descriptive Matter includes without limitation, specifications, drawings, diagrams, particulars of weights/dimensions or any other form of measurement submitted with or prior to any offer by us or contained in catalogues, price lists or advertising matter;
    Goods means any goods, products, parts or components ordered by You from us at any time;
    iLove Computers (we/our/us) means iLove Computers Pty Ltd (ACN 164 324 912);
    Intellectual Property means and includes all copyright and related Rights, all Rights in relation to inventions (including patents and patent Rights), all registered and unregistered trade marks Rights, all Rights relating to registered designs, all circuit layout rights, and all other Rights resulting from intellectual activity in the artistic, literary or scientific fields excluding any moral attribution Rights;
    Manufacturer means the creator or creators of Goods or any component of Goods;
    Obligation means any express or implied legal, equitable, contractual, statutory or other obligation, agreement, covenant, commitment, duty, undertaking or liability;
    Originating Location means the location of the relevant Goods at the time an act of acceptance is performed by You in accordance with clauses 4-6 of these Terms and Conditions;
    Personal Information has the definition attributed to it under the Privacy Act 1988 (Cth);
    Right means any legal, equitable, contractual, statutory or other right, power, authority, benefit, privilege, remedy, discretion or cause of action;
    Terms and Conditions means the terms and conditions set out in this document;
    Website means the domain name shop.ilovecomputers.com.au and any sub-domains; and
    You/Your means the person or entity who has requested the Goods and/or the person or entity on behalf of whom the request for Goods is made.


GENERAL

  • When You enter into any transaction with us using the Website, You acknowledge that:

(a) You have read and agree to be bound by these Terms and Conditions, the Terms of Use and the Privacy Policy; and
(b) we are dealing with You in reliance on the express basis that these Terms and Conditions will apply in full to the transaction.

ORDERING GOODS

  • We offer Goods for sale on the Website.
  • By placing an order requesting Goods, You are offering to purchase the Goods from us.
  • Orders for Goods will not be recorded or processed until You pay for the Goods at the end of purchasing process on the Website.
  • Once You place an order requesting to purchase the Goods and complete all steps required, we are entitled to: (a) rely on the request to purchase Goods as forming a contract (the Contract) to provide the Goods on the basis set out in these Terms and Conditions; and
    (b) receive from You full payment for the Goods regardless of whether or not You wish to complete the transaction at a later time.
  • All Descriptive Matter is intended merely to present a general idea of Goods described within the Descriptive Matter. You acknowledge that: (a) Descriptive Matter does not form part of the Contract;
    (b) You have not relied upon any representation contained within any Descriptive Matter; and
    (c) You have not relied upon any inducement, representation or statement made by us or our agents, employees or any other entity purporting to be acting on behalf of us when purchasing our Goods.


PRICES

  • Unless otherwise stated, all prices for Goods displayed on the Website are shown in Australian dollars and include GST where applicable.
  • Prices are subject to change at any time.
  • The actual amount charged to overseas customers in respect of Goods will be subject to the applicable exchange rate and fees charged by Your credit card company or PayPal.
  • Delivery costs are charged in addition to the price of the Goods as they are listed on the Website.
  • Unless otherwise stated, any additional accessories shown in any image depicting the Goods are not included in the price of the Goods depicted.


GIFT VOUCHERS AND DISCOUNT CODES

  • Gift vouchers and discount codes: (a) are valid for one use only;
    (b) cannot be redeemed for cash or credit; and
    (c) do not include Delivery costs or postage of any sort.


PAYMENT

  • You must make payment for Goods by electing a method of payment from those offered at the time of entering the Contract using the Website.
  • We reserve the right to request full payment before dispatching ordered Goods to You.
  • When entering the Contract, You undertake that You are the authorised user of the credit or debit card being used to make payment.
  • A failure by You to make payment does not limit or derogate from any of Your Obligations under these Terms and Conditions.
  • You acknowledge that in addition to any price agreed in exchange for the Goods You are also liable to pay the following costs (which You consent to us incurring on Your behalf): (a) all postage and packaging costs as agreed when the order for Goods is placed;
    (b) all taxes, duties and charges whatsoever imposed by any government or other government-related authority and payable in respect or by reason of the sale or Delivery of the Goods whether or not the same were payable at the date the Contract was entered;
    (c) the amount of any increase in the costs of supplying or delivering the Goods or any part thereof occurring after the date of order or offer for any reason, including without limitation, rates of exchange, landing charges, port dues or the cost of carriage, insurance or handling; and
    (d) any excess over the amount estimated in respect of freight, insurance, port dues or handling changes at any port to which the Goods are to be shipped.


WHOLESALING AND RESELLING

  • We do not provide Goods at wholesale prices or for wholesale purposes.
  • We do not allow the Goods to be resold.
  • If you sell our Goods, any money received in exchange for the Goods must be held on trust for our benefit and accounted to us immediately. Any sum received by you in selling our Goods may be sought by us as a liquidated damage.


PRIVACY

  • Without limiting any other clause in these Terms and Conditions, we will not, without Your consent, use Your Personal Information in a way that breaches the National Privacy Principles set out in the Privacy Act 1988 (Cth).


SHIPPING & DELIVERY

  • We will process your order within 24-48 hours of payment being received.
  • We will make all reasonable efforts to make Delivery of the Goods within: (a) 1-5 days if delivery is to be made by Standard Australia Post; or
    (b) 2-7 days if delivery is to be made by courier (Australia-wide using SmartSend),starting from the date of receipt (in cleared funds) of the total price of the Goods.
  • Orders will only be dispatched on Business Days.
  • Goods will only be Delivered within Australia.
  • You expressly release us (and our servants, agents and employees) from any claims or Obligations conducted or incurred by You in reliance on any expected date of Delivery and any claim or matter in connection thereof.
  • You will accept Delivery of the Goods in accordance with the Contract or in any other manner determined reasonable in the circumstances by us.
  • If You fail to accept Delivery of the Goods, then You will be liable for any costs or damages incurred by us on account of Your failure to accept Delivery.
  • The risk and all attached liability for damage of the Goods passes to You at the point of departure of the Goods from the Originating Location even if we deliver the Goods.


TERMINATION

Termination by Us

  • We may terminate the Contract immediately upon notice to You in any form at any time.
  • We may cancel any Contract for Goods listed at the incorrect price upon notice to You in any form at any time.
  • Our only liability to You upon termination of the Contract by us is a refund of the amount of payments made for the supply of Goods which we have yet to Deliver. Monies advanced will be refunded using the same method by which payment was received.

Termination by You

  • If You terminate the Contract with us, You are still liable to pay the full amount that would have been payable upon completion of the Contract provided that we have commenced any part of the process involved in completing the Contract, including, without limitation, any administrative function.


LIMITATION OF LIABILITY AND REFUNDS

  • If You experience trouble with Goods supplied by us, you are more than welcome to: (a) contact us within 7 days after Delivery of the Goods; or
    (b) contact the Manufacturer of the Goods directly for information regarding the Manufacturer's warranty.
    If you contact us, we will use our best endeavours to assist you in a timely manner. However experience suggests that contacting the Manufacturer directly often leads to a more speedy resolution of any issues and receipt of entitlements pursuant to any warranties.
  • If You notify us in writing within seven days after Delivery of the Goods, we will then consider the merits of Your claim and at our sole discretion either: (a) repair or replace the Goods;
    (b) provide a partial refund, being 50% of the cost of the Goods. A partial refund of the cost of Goods may be considered only in circumstances when the Goods are returned in exactly the same condition as when they were delivered; or
    (c) decline to provide any remedy contained in this clause.
  • We expressly disclaim, to the fullest extent permitted by law, all express, implied and statutory warranties. Where any statutory terms may not be excluded, liability in respect of them is limited to no greater than the cost of replacement of the Goods subject to the statutory warranty.
  • Any requests for return of Goods need to be made within a reasonable time. We will require proof of purchase of the Goods before any refunds will be made.
  • Refunds are not normally provided where You have simply changed your mind, made a wrong selection or found the Goods for a cheaper price elsewhere. We recommend You choose carefully and preview the details of all Goods before proceeding with your order.
  • Please note the limitations on your right to return and obtain a refund for Goods will always be subject to your statutory rights under the Australian Consumer Law and other applicable Australian consumer protection laws and regulations.
  • Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

    - to cancel your service contract with us; and
    - to a refund for the unused portion, or to compensation for its reduced value.

    You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

    You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

 

DISPUTE RESOLUTION

  • If You consider there is a legitimate dispute between us and You (the Parties) as to any part of the Contract, You must first go through the following dispute resolution process before the commencement of any arbitration or other legal proceedings.
  • You must give us notice in writing setting out full details of the dispute (Dispute Notice).
  • To resolve the dispute: (a) for a period of 14 days after a Dispute Notice is given (or a longer period if the Parties agree in writing), the Parties will engage in negotiations and discussions in order to seek to resolve the dispute;
    (b) the Parties must participate in the negotiations and discussions referred to in the above clause in good faith and will use all reasonable endeavours to resolve the dispute. The Parties may also appoint third party consultants to assist in the resolution of the dispute;
    (c) if the Parties cannot resolve the dispute within the period set out in clause 42(a), You may request that the dispute be referred to mediation upon providing a written undertaking to bear all costs involved in the mediation; and
    (d) if You do not undertake to pay all costs involved in the mediation, then we are not obliged to attend any mediation.
  • If the Parties to the dispute cannot agree on a mediator within seven days after a request under clause 42(c), upon the request of either Party the president of the Queensland Law Society Inc or that president’s nominee may appoint a mediator.
  • Unless agreed by the mediator and Parties, the mediation must be held within 15 days of a request for the dispute to be referred to mediation being made under clause 42(c) and must occur on the Sunshine Coast unless otherwise agreed.
  • If a Party to a dispute fails to comply with any aspect of the above clauses, the other Party does not have to comply with those clauses in relation to the dispute.
  • Nothing in these Terms and Conditions obliges us to attempt the dispute resolution process outlined above before we can take action against You.


CONFIDENTIAL INFORMATION

  • All documents, information systems and know how provided to or disclosed to You by us must be treated as confidential by You and You warrant not to lend, copy, use, dispose of or sell such documents, information systems or know-how without our prior written consent.


ILLEGALITY AND SEVERABILITY

  • The provisions of these Terms and Conditions will so far as possible be construed so as not to be invalid, illegal or unenforceable in any respect but if any provision on its true interpretation is illegal, invalid or unenforceable: (a) that provision will so far as possible be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation of a partial character; or
    (b) if the provision or part of it cannot be read down the provision or part will be deemed to be void and severable and the remaining provisions of this instrument will not in any way be affected or impaired.


JURISDICTION

  • You irrevocably acknowledge that despite: (a) your business or residential location;
    (b) the delivery place of the Goods; or
    (c) any other geographical indicia,
    any transaction entered into between You and us is entered into under the laws of Queensland, Australia.
  • Any dispute that is not resolved in accordance with the process outlined in clauses 40-46 must be resolved in a court of competent jurisdiction in Queensland.
  • These Terms and Conditions or any Contract arising from them will not be interpreted, construed or applied adversely to us by reason of their having been drafted by or on our behalf.