General terms & conditions
1. Definitions
1.1 In this Agreement, unless the context otherwise requires:
"ACL" means the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth);
"Change of Mind" means:
(a) you selected the wrong colour, size, or goods;
(b) you have changed your mind and no longer want the goods; or
(c) you have found a cheaper product elsewhere.
"Company" (or we/our/us) means of ILove Computers Pty Ltd (as trustee) trading as "iLove Computers" (ABN 91 473 933 702);
“Delivery Charges” means all costs and charges payable in connection with the delivery of the goods, including but not limited to:
(a) all postage, packaging, freight, insurance, port dues and handling fees; and
(b) all taxes, duties, levies, tariffs, imposts, or other governmental charges of any kind imposed by any government or government-related authority in connection with or arising from the sale, export, import, or delivery of the goods.
"Descriptive Matter" includes without limitation, decoration and illustrative drawings or diagrams of the goods;
"Event of Force Majeure" means any event or circumstance beyond the reasonable control of a party, which prevents or delays that party from performing any of its obligations under this agreement, including but not limited to:
(a) acts of God (such as flood, fire, earthquake, cyclone, or other natural disaster);
(b) war, terrorism, riot, civil commotion, or act of public enemy;
(c) pandemic, epidemic, or public health emergency;
(d) industrial disputes, strikes, or lockouts;
(e) failure of utilities or transport networks;
(f) government restrictions, embargoes, or orders; and
(g) failure of suppliers or subcontractors to deliver materials or services (where such failure is caused by a Force Majeure Event affecting them).
"Parties" means You and Us;
"Site" means https://shop.ilovecomputers.com.au/;
"Terms and Conditions" means these terms and conditions which also incorporates our Privacy Policy (located at https://shop.ilovecomputers.com.au/service/privacy-policy/) and Website Terms of Use (located a https://shop.ilovecomputers.com.au/service/disclaimer/); and
"You/Your" means the individual or entity that places an order for goods, or on whose behalf an order for goods is placed.
2. Agreement
2.1 These Terms and Conditions apply to orders made via our online store only. Any repair or other services we provide will be subject to other terms and conditions, which will be available on request.
2.2 When you place an order with us for the supply of goods, you acknowledge that:
(a) you have read and agree to be bound by these Terms and Conditions; and
(b) these Terms and Conditions apply to every transaction for each supply of goods.
2.3 We reserve the right to amend these Terms and Conditions and any other policy or terms on this Site at any time in our sole discretion and any such changes will, unless otherwise noted, be effective immediately.
2.4 By continuing to use the Site or placing an order after changes are made, you agree to be bound by the updated terms. It is your responsibility to review these Terms and Conditions regularly to stay informed of any updates.
3. Orders
3.1 This clause applies to the ordering goods that are part of our standard product range or typically offered for sale on our Site. See below for further details in relation to ordering customised or non-standard products.
3.2 By placing an order, you are making an offer to purchase the goods from us in accordance with these Terms and Conditions.
3.3 You can place an order by either of the following methods:
(a) via the Site;
(b) by written communication (including email); and/or
(c) verbally (including via telephone).
3.4 Your offer to purchase goods will not be accepted and orders will not be processed until:
(a) we have received full payment for the goods; and
(b) we have sent you a confirmation email.
3.5 Upon these events occurring, a binding agreement is formed between you and us (the “Contract”) for the supply of the goods in accordance with these Terms and Conditions.
3.6 We reserve the right, at our sole discretion, to accept or reject any order or offer to purchase prior the Contract being formed.
4. Payment
4.1 By placing an order, you agree to pay the price of the goods.
4.2 Unless expressly stated otherwise, all prices for goods displayed on the Site are in Australian dollars (AUD) and include Goods and Services Tax (GST), where applicable.
4.3 Prices for goods displayed on our Site are subject to change at any time without notice. We reserve the right to correct pricing errors or to update prices at our sole discretion.
4.4 For customers located outside Australia, the final amount charged may vary depending on the applicable exchange rate and any fees imposed by your credit card provider, financial institution, or payment processor (including PayPal). We are not responsible for any such additional charges.
4.5 Any deposits or payment of Delivery Charges must be made by way of bank transfer and will not be deemed paid until the funds are cleared in our bank account.
4.6 Unless expressly stated otherwise, any Descriptive Matters or additional accessories, props, or items shown in images on the Site are for illustrative purposes only and are not included in the purchase price of the goods. You warrant that you have not relied on any Descriptive Matter when purchasing the goods.
4.7 We may apply a credit card surcharge to cover the cost charged to us by your card provider. Any surcharge applied will not exceed the amount we are charged by our payment processor for accepting the card.
5. Collection
Collection
5.1 Unless otherwise agreed in writing, all goods must be collected by you from our store. We do not provide delivery services as part of our standard offering.
Shipping & Delivery
5.2 If you request goods to be shipped or delivered, we may, at our sole discretion, arrange shipping or delivery on your behalf. In such cases:
(a) full payment of Delivery Charges must be made via bank transfer prior to dispatch;
(b) you must provide complete and accurate shipping details; and
(c) we are under no obligation to dispatch the goods until payment of the goods and Delivery Charges are paid in full.
5.3 You must ensure availability (including, to sign for acceptance of delivery) and access to the nominated delivery address for the purposes of effecting delivery.
Delivery Charges
5.4 Delivery Charges are additional to the price of the goods. You are responsible for all applicable Delivery Charges unless otherwise agreed in writing.
5.5 We may provide you with a written or verbal quotation for Delivery Charges upon request. Any such quotation is valid for a period of 14 days from the date of issue, unless otherwise stated in writing. Quotes are estimates based on current rates and may be subject to change due to factors beyond our control (e.g. fuel surcharges). If there is a material increase, we will notify you and give you the option to cancel or approve the revised cost.
5.6 If you require us to redirect delivery to another address, or you would like to add additional items to your order, we reserve the right to charge additional Delivery Charges.
Timing
5.7 You expressly release us, and our officers, employees, agents and contractors, from any and all claims, liabilities, losses or damages arising from or in connection with any expected or delayed delivery dates, and you acknowledge that any collection or delivery dates provided are indicative only and not binding.
5.8 If you fail to collect the goods within a reasonable time, or fail to accept delivery when a delivery attempt is made, you may be responsible for any resulting costs. This may include storage fees, administrative charges, and any losses we incur — including the costs of returning and re-delivering the goods.
5.9 If you do not accept delivery on the scheduled delivery date, we are not obliged to reschedule delivery unless you first pay any additional Delivery Charges we may require. Please note that these additional charges may exceed the original Delivery Charge.
6. Title and Risk
6.1 Risk in the goods, including all liability for loss or damage, passes to you:
(a) upon collection of the goods from our premises by you or your nominated carrier; or
(b) at the point of dispatch from the originating location if we agree to arrange delivery on your behalf. You will bear all risk in the goods during transit.
6.2 Title in the goods passes to you upon you taking actual possession of the goods.
7. Product Availability
7.1 As we rely on third-party suppliers for stock, we cannot guarantee the availability of all goods at all times. You acknowledge and agree that certain goods may occasionally be out of stock or unavailable.
7.2 We reserve the right to withdraw or suspend the sale of any goods displayed on our Site, either temporarily or permanently, at any time and without notice.
7.3 Except where required by law (including the ACL), we are not liable to you or any other person for any loss, damage, cost, or expense arising directly or indirectly from the unavailability of any goods, whether in contract, tort (including negligence), equity, statute, or otherwise.
8. Cancellations and Refunds
Cancellation by Us
8.1 We may cancel your order, or any part of your order, by verbal or written notice at any time before the goods are collected or delivered, if reasonably necessary in the circumstances to do so. This includes, but is not limited to:
(a) the goods being unavailable or out of stock;
(b) there being a manifest error in the price or description of the goods on our Site;
(c) there being an error in your order;
(d) there is suspected fraudulent activity; or
(e) where we are unable to fulfil the order due to circumstances beyond our reasonable control (including supply chain disruptions or an Event of Force Majeure); or
(f) where the order becomes, in our reasonable opinion, commercially impractical (to a substantial extent) to fulfil due to a significant increase in costs, duties, taxes, tariffs, or other government-imposed charges affecting supply, shipping, Delivery Charges or production.
8.2 If we cancel your order, we will provide a full refund of any amounts paid by you for the cancelled goods. Refunds will be made using your original method of payment.
8.3 Except to the extent required by law (including the ACL), we are not liable for any direct or indirect loss or damage arising from any cancellation by us, except as set out in this clause.
Refunds
8.4 You may cancel your order at any time before the goods have been collected or dispatched by us, by providing written notice of cancellation (however, this may not apply to custom orders or non-standard products – see below).
8.5 If you cancel your order, we will provide a full refund of any amounts paid by you for the cancelled goods. Refunds will be made using your original method of payment.
8.6 Once the goods have been collected or dispatched, we do not provide refunds based on “Change of Mind”.
9. Custom Orders and Non-Standard Products
9.1 You may request:
(a) a custom order involving a reconfiguration, customisation, or special procurement of goods that are not listed on our Site (“Custom Order”); and/or
(b) an order for goods that are not part of our standard product range or not typically offered for sale on our Site or in-store (“Non-Standard Products”)
9.2 Any quotes provided to you for a proposed Custom Order or Non-Standard Products is valid for 14 days only and will lapse if you do not place an order during this time. A quote does not constitute an offer and should not be construed as binding.
9.3 By placing an order, you are making an offer to purchase the goods from us in accordance with these Terms and Conditions and the quote. We reserve the right, at our sole discretion, to accept or reject any offer to purchase.
9.4 You can place an order by either of the following methods:
(a) by written communication (including email); and/or
(b) verbally (including via telephone).
9.5 To initiate a Custom Order, we may require payment of a deposit (usually equal to 25% of the total quoted price). This deposit reflects a genuine pre-estimate of our costs and administrative time in sourcing or arranging supply of customised goods.
9.6 To initiate an order of a Non-Standard Product, we may require payment of a deposit equal to 100% of the total quoted price. This deposit reflects a genuine pre-estimate of our costs and administrative time in sourcing or arranging supply of Non-Standard Products.
9.7 Your offer to purchase goods will not be accepted and orders will not be processed until:
(a) we have received the deposit (if required); and
(b) we have sent you a confirmation email.
9.8 Upon these events occurring, a binding contract is formed between you and us for the supply of the goods in accordance with these Terms and Conditions and the quote. Until both of these conditions are met, your order remains an offer and may be withdrawn or declined by us without liability.
9.9By placing a Custom Order or an order of a Non-Standard Product, you acknowledge and agree that:
(a) the goods are customised or sourced specifically for you and are not resalable in the ordinary course of business;
(b) we may place orders with third-party suppliers or commence customisation or to seek Non-Standard Products shortly after your order is accepted;
(c) subject to your rights under the ACL (which may entitle you to a refund), any deposit paid may not be refundable if you have a “Change of Mind” if supplier commitments have been made, goods have been dispatched by the supplier or us, or customisation work has already commenced at the time of your cancellation.
9.10 If cancellation is requested based on “Change of Mind”, we will use reasonable efforts to seek cancellation with our suppliers and minimise costs, but we are under no obligation to accept cancellation or refund your deposit where:
(a) we have placed the order with a supplier;
(b) the supplier has commenced processing or dispatch; and/or
(c) we have started any configuration, assembly, or customisation work.
9.11 A Custom Order or Non-Standard Products will not be:
(a) made available for collection, or
(b) dispatched for deliver,
until we have received full payment of the total price (including any applicable Delivery Charges).
9.12 Except to the extent required by law (including the ACL), we are not liable for any direct or indirect loss or damage arising from us being unable to change or cancel your order.
10. Wholesale Supply or Resale
10.1 We do not supply goods at wholesale rates or for wholesale, commercial, or resale purposes. The goods offered on this Site are intended for personal or end-user use only.
10.2 You are not permitted to resell, distribute, or otherwise commercially exploit the goods purchased from us without our prior written consent.
10.3 If you do resell the goods in breach of this clause:
(a) any proceeds received by you in connection with such resale must be held on trust for us and must be immediately remitted to us in full; and
(b) we may, at our sole discretion, recover such proceeds from you as a liquidated debt or claim liquidated damages equivalent to the full resale amount received.
11. Gift Vouchers and Discount Codes
11.1 Gift vouchers and discount codes:
(a) are valid for single use only;
(b) are non-redeemable for cash or store credit; and
(c) apply to the price of goods only and do not cover additional Delivery Charges.
12. Intellectual Property
12.1 All intellectual property rights in or related to the goods, including but not limited to designs, specifications, software, documentation, trademarks, logos, and any associated materials, remain the property of us, the manufacturer, or the original supplier (as the case may be).
12.2 Nothing in these Terms and Conditions or in the supply of goods shall operate to transfer any ownership of intellectual property rights to you. You are granted only such limited rights to use the goods as are necessary for their ordinary use and as permitted by law or any applicable licence terms provided with the goods.
13. Limitation of Liability
13.1 If you experience any issues with goods supplied by us, we encourage you to:
(a) contact us as soon as possible after discovering the issue; or
(b) contact the manufacturer directly for assistance under the manufacturer’s warranty, if available.
13.2 To assist with your claim, we may request:
(a) reasonable details of the issue or fault;
(b) proof of purchase; and
(c) return of the goods in their original condition, if applicable.
13.3 We will use our best endeavours to assist you in a timely and reasonable manner. Please note that in some cases, contacting the manufacturer directly may result in a faster resolution, especially for warranty claims.
13.4 Nothing in these Terms and Conditions affects your rights under the ACL. Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure as well as compensation. If the failure is not a major failure, we will (at our option) either provide you with a refund, repair the goods or replace the goods within a reasonable time.
13.5 To the maximum extent permitted by law (and without attempting to exclude your rights under the ACL), we are not liable for any loss, damage, or defect in the goods arising from:
(a) misuse, improper installation, or incorrect operation of the goods;
(b) failure to follow instructions, user guides, or recommended usage guidelines;
(c) unauthorised repairs, alterations, or modifications;
(d) physical damage occurring after collection or dispatch; and/or
(e) damage caused by electrical surges, software conflicts, or compatibility issues not attributable to us.
13.6 To the maximum extent permitted by law (and without limiting your rights under the ACL), we are not liable for any indirect or consequential loss or damage that is not reasonably foreseeable or is unrelated to a failure of our goods to meet a consumer guarantee under the ACL.
13.7 To the maximum extent permitted by law (and without attempting to exclude any consumer guarantees granted by the ACL), the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all express or implied warranties except those required by law (including the ACL).
14. Dispute Resolution
14.1 If any Party (the “Disputing Party”) believes a genuine dispute has arisen in connection with these Terms and Conditions or any orders placed, the Parties must comply with the following dispute resolution procedure before commencing any legal proceedings (including arbitration), except where urgent interlocutory relief is sought.
14.2 The Disputing Party must first provide the other party with a written notice (a “Dispute Notice”) that sets out in reasonable detail the nature of the dispute, the issues in contention, and the relief or outcome sought.
14.3 Upon receipt of a Dispute Notice:
(a) the Parties must use reasonable efforts to resolve the dispute through good faith discussions and negotiations for a period of 14 days (or such longer period as agreed in writing) (the “Initial Resolution Period”);
(b) either Party may engage third-party consultants or advisors to assist in facilitating the resolution of the dispute during that period; and
(c) if the dispute remains unresolved after the Initial Resolution Period, either Party may request that the matter be referred to mediation.
14.4 If the Parties cannot agree on the appointment of a mediator within seven (7) days of a valid request for mediation, then either Party may request the President of the Queensland Law Society (or their nominee) to appoint a suitably qualified mediator.
14.5 Unless otherwise agreed by the mediator and the Parties, the mediation must take place within 15 days of the mediator’s appointment and must be conducted on the Sunshine Coast, Queensland.
14.6 If either Party fails to comply with the process outlined above, the other Party is released from any further obligation to comply with this dispute resolution process in respect of that dispute.
15. General
15.1 In these Terms and Conditions, the following rules of interpretation apply:
(a) headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms and Conditions;
(b) these Terms and Conditions may not be construed adversely against us solely because we prepared them;
(c) the singular includes the plural and vice-versa;
(d) a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
(e) the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
15.2 Waiver of any power or right under these Terms and Conditions must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by us to act with respect to a breach by you or others does not waive our right to act with respect to that breach or any subsequent or similar breaches.
15.3 If any provision (or part of a provision) is found to be illegal, invalid or unenforceable for any reason:
(a) the provision shall, to the extent possible, be read down or modified as may be necessary to ensure it is lawful, valid and enforceable, while preserving its intended purpose; and
(b) if the provision (or any part of it) cannot be so read down, it shall be deemed severed from these Terms and Conditions, and the remaining provisions shall continue in full force and effect and shall not be affected or impaired in any way.
15.4 We may provide any notification for the purposes of these Terms and Conditions by email.
15.5 You may not assign, transfer or sub-contract any of your rights or obligations under these Terms and Conditions without our written consent.
15.6 We may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions at any time without your consent or notice to you.
15.7 You may only vary or amend these Terms and Conditions by written agreement with us.
15.8 These Terms and Conditions will be governed in all respects by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.