Welladsen Bros Pty Ltd t/as Voltage MI– Terms and Conditions
1. Terms of Trade
1.1. Thesetermsandconditionsoftradesetoutthecontractualbasisuponwhichthe Welladsen Bros will provide goods and/or services to the Customer.
1.2. Ourinvoices,quotes,orderconfirmationsandrentalagreementsareincorporated into and form a part of these terms.
2.1. “WelladsenBros”shallmeanWelladsenBrosPtyLtd(ABN97627265454)its successors and assigns or any person acting on behalf of and with the authority of Welladsen Bros Pty Ltd, including Voltage MI.
2.2. “Customer”shallmeantheCustomer(oranypersonactingonbehalfofandwith the authority of the Customer) as described on any quotation, invoice, work authorisation or other form as provided by Welladsen Bros to the Customer.
2.3. “Guarantor”meansthatperson(orpersons),orentity,whoagreestobeliablefor the debts of the Customer on a principal debtor basis.
2.4. “Goods”shallmeanallmusicequipment,musicsuppliesand/oranyotherGoods supplied by Welladsen Bros to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotes, order confirmations, work authorisation or any other forms as provided by Welladsen Bros to the Customer.
7.1. Delivery of the Goods shall take place when:
(a) the Customer takes possession of the Goods at Welladsen Bros’ address; or (b) the Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by Welladsen Bros or Welladsen Bros’ nominated carrier); or
(c) the Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
(a) in addition to the Price; or
(b) for the Customer’s account.
7.3. TheCustomershallmakeallarrangementsnecessarytotakedeliveryofthe Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then Welladsen Bros shall be entitled to pass on to the Customer Welladsen Bros’ costs of redelivery.
7.4. DeliveryoftheGoodstoathirdpartynominatedbytheCustomerisdeemedtobe delivery to the Customer for the purposes of this agreement.
7.5. WelladsenBrosmaydelivertheGoodsbyseparateinstalments.Eachseparate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
7.6. ThefailureofWelladsenBrostodeliveraspecificGoodorGoodsshallnotentitle either party to treat this contract as repudiated.
7.7. WelladsenBrosshallnotbeliableforanylossordamagewhateverduetofailure by Welladsen Bros to deliver the Goods (or any of them) promptly or at all due to circumstances beyond the control of Welladsen Bros.
8.1. All risk for the Goods passes to the Customer on delivery.
8.2. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Welladsen Bros is entitled to receive all
insurance proceeds for the Goods. The production of these terms and conditions by Welladsen Bros is sufficient evidence of Welladsen Bros’ rights to receive the insurance proceeds without the need for any person dealing with Welladsen Bros to make further enquiries.
9.1. The Customer shall inspect the Goods upon delivery and shall within fourteen (14) days of the date that the Goods are delivered to it (time being of the essence) notify Welladsen Bros of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.
9.2. The Customer shall afford Welladsen Bros an opportunity to inspect the Goods within a reasonable time following delivery if the Cutsomer believes the Goods are defective in any way.
9.3. If the Customer fails to comply with these provisions the Goods shall be presumed to be free from any defect or damage.
9.4. For defective Goods, which Welladsen Bros has agreed in writing that the Customer is entitled to reject, Welladsen Bros’ liability is limited to either (at Welladsen Bros’ discretion) replacing the Goods or repairing the Goods.
9.5. Goods will not be accepted for return other than in accordance with 9.1 above.
10.1.In the event that the Goods sold to the Customer by Welladsen Bros new goods or are otherwise subject to a manufacturer's warranty, the warranty provided in respect of the Goods shall be the current warranty provided by the manufacturer of the Goods. Welladsen Bros shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
10.2.In the event that the Goods sold to the Customer by Welladsen Bros are used goods and/or are not covered by a manufacturer's warranty, Welladsen Bros provides no warranty as to the suitability of the Goods and or the condition of the Goods and the Buyer should make its own enquiries in this regard.
10.3.To the extent permissible by law, Welladsen Bros excludes all representations or warranties not expressly set out in these terms.
10.4.To the extent permissible by law, Welladsen Bros’ liability for breach of any warranty set out in these terms or any warranty which Welladsen Bros is not entitled to exclude is limited to, at the option of Welladsen Bros the:
(a) replacement of the goods, or
(b) refund of the cost of the relevant goods.
10.5.The benefits provided to the Customer by the warranties contained in this clause
are in addition to other rights and remedies available to the Customer under the
10.6.Welladsen Bros’ goods come with guarantees that cannot be excluded under the
Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure or for compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
10.7.The Customer acknowledges and agrees that Welladsen Bros has made no warranty or representation that the Goods are suitable for any purpose or application.
10.8.Subject to the conditions of warranty set out in this Welladsen Bros warrants that if any defect in any workmanship of Welladsen Bros becomes apparent and is reported to Welladsen Bros within ninety (90) days of the date of delivery (time being of the essence) then Welladsen Bros will either (at it’s sole discretion) replace or remedy the workmanship.
10.9.The conditions applicable to the warranty given by clause 10.8 are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Customer to properly maintain any Goods; or
2.5. “Services”shallmeanallServicessuppliedbyWelladsenBrostotheCustomer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
2.6. “Price”shallmeanthepricepayablefortheGoodsand/orServicesasagreed between Welladsen Bros and the Customer in accordance with clause 6 of this contract.
3. The Competition and Consumer Act 2010 (“ACL”) and Fair Trading Acts (“FTA”)
3.1. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the ACL or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
4. Application of these terms and conditions to consumers
4.1. Clause 9 (Defects) and clause 10 (Warranty) shall NOT apply to the Customer where the Customer is purchasing Goods or Services not for resale or hire where the Price of the Goods or Services does not exceed $40,000, or where the Price of the Goods or Services does exceed $40,000 and are of a kind ordinarily acquired for personal, domestic or household use or consumption, or where the Customer is in any other way a consumer within the meaning of the ACL or the FTA of the relevant state or territories of Australia.
5. Acceptance & Responsibilities
5.1. Any instructions received by Welladsen Bros from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by Welladsen Bros shall constitute acceptance of the terms and conditions contained herein.
5.2. Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all responsibilities under these terms including payment of the Price.
5.3. Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of Welladsen Bros.
5.4. The Customer shall give Welladsen Bros not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by Welladsen Bros as a result of the Customer’s failure to comply with this clause.
5.5. It is the Customer’s responsibility to ensure that all information, (written & verbal) provided by or on behalf of it to Welladsen Bros is complete and accurate. The Customer acknowledges and agrees that in supplying the Goods and/or Services Welladsen Bros is relying upon the accuracy of the information provided to it by or on behalf of the Customer.
5.6. Welladsen Bros may refuse to provide Goods and/or Services to the Customer if the Customer refuses to provide all information requested by Welladsen Bros or if Welladsen Bros discovers that any information provided to it by the Customer is inaccurate or incomplete.
6. Price And Payment
6.1. At the sole discretion of Welladsen Bros the Price shall be either:
(a) as indicated on invoices provided by Welladsen Bros to the Customer in respect of Goods and/or Services supplied; or
(b) Welladsen Bros’ quoted Price (subject to clause 6.2) which shall be binding upon Welladsen Bros provided that the Customer accepts the relevant quote in writing within thirty (30) days of the quote being issued by Welladsen Bros.
6.2. Welladsen Bros reserves the right to change the Price in the event of a variation to any quote it issues to the Customer.
6.3. At Welladsen Bros’ sole discretion, a deposit may be required.
6.4. Time for payment for all Goods and/or Services shall be of the essence and will be
stated on the relevant invoice or any other forms issued by Welladsen Bros. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
6.5. Payment will be made by electronic funds transfer, or by credit card, or by bank cheque, or by any other method as agreed to between Welladsen Bros and the Customer.
6.6. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
7. Delivery Of Goods
Placement of all orders is conditional upon and assumes acceptance of all applicable terms herein. w: \wbpl0002\180230\plbm_lbm_wbpl0002_180230_005.doc
Welladsen Bros Pty Ltd t/as Voltage MI– Terms and Conditions
(ii) failure on the part of the Customer to follow any instructions or guidelines provided by Welladsen Bros; or
(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) fair wear and tear, any accident or act of God.
(b) the warranty shall cease and Welladsen Bros shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Welladsen Bros’ consent.
(c) in respect of all claims Welladsen Bros shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.
10.10.For Goods not manufactured by Welladsen Bros, he warranty shall be the current warranty provided by the manufacturer of the Goods. Welladsen Bros shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
11.1. Where Welladsen Bros has designed, drawn or written Goods for the Customer, then the copyright in those designs and drawings and documents shall remain vested in Welladsen Bros, and shall only be used by the Customer with Welladsen Bros’ prior written permission.
11.2. The Customer warrants that all designs or instructions to Welladsen Bros will not cause Welladsen Bros to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify Welladsen Bros against any action taken by a third party against Welladsen Bros in respect of any such infringement.
11.3. Where Welladsen Bros has provided documentation in connection with the provision of Goods, Welladsen Bros retains ownership of the computer software and documentation, but grants a licence to the Customer for use of that documentation. The Customer will use any third-party material supplied to it by Welladsen Bros and identified as such, strictly in terms of the licence under which it is supplied.
12.1.Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of ten percent (10%) per annum.
12.2.If the Customer defaults in payment of any invoice when due, the Customer shall indemnify Welladsen Bros from and against all costs and disbursements incurred by Welladsen Bros in pursuing the debt including legal costs on a solicitor and own client basis and Welladsen Bros collection agency costs.
12.3.Without prejudice to any other remedies that Welladsen Bros may have, if at any time the Customer is in breach of any obligation (including those relating to payment), Welladsen Bros may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. Welladsen Bros will not be liable to the Customer for any loss or damage the Customer suffers as a result of Welladsen Bros having exercised its rights under this clause.
12.4.Without prejudice to Welladsen Bros’ other remedies at law, Welladsen Bros shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Welladsen bros shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Welladsen bros becomes overdue, or in the opinion of Welladsen Bros the Customer will be unable to meet its payment obligations as they fall due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
13.1.Welladsen Bros may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice Welladsen Bros shall repay to the Customer any sums paid in respect of the Price. Welladsen Bros shall not be liable for any loss or damage whatever arising from such cancellation.
13.2.In the event that the Customer cancels delivery of Goods, the Customer shall be liable for a cancellation fee of twenty five (25%) of the price quoted to the Customer for the Goods cancelled.
13.3.In the event that Welladsen Bros’ invoice, quote or order confirmation requires a deposit on the quoted amount for the provision of the Goods to be paid prior to filling the order, if the delivery of the Good is subsequently cancelled by the Customer after the deposit has been paid, then the Customer forfeits that deposit paid to Welladsen Bros. The deposit retained by Welladsen Bros under this clause will include and incorporate the cancellation fee set out at clause 13.2 above.
13.4.Either party may terminate any contract to which these terms and conditions apply upon the provision to the other party of one (1) month’s written notice.
14.1.The Customer and/or the Guarantor/s agree for Welladsen Bros to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and/or the Guarantor/s in relation to credit provided by Welladsen Bros.
14.2.The Customer and/or the Guarantor/s agree that Welladsen Bros may exchange information about the Customer and the Guarantor/s with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the credit worthiness of Customer and/or Guarantor/s.
14.3.The Customer consents to Welladsen Bros being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
14.4.The Customer agrees that personal credit information provided may be used and retained by Welladsen Bros for the following purposes and for other purposes as shall be agreed between the Customer and Welladsen Bros or required by law from time to time:
(a) provision of Goods; and/or
(b) marketing of Goods by Welladsen Bros, its agents or distributors in relation to the Goods; and/or
(c) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Goods; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and/or
(e) enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods.
14.5.Welladsen Bros may give information about the Customer to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Customer; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
15. Unpaid Seller’s Rights
15.1.Where the Customer has left any item with Welladsen Bros for repair, modification, exchange or for Welladsen Bros to perform any other Service in relation to the item and Welladsen Bros has not received or been tendered the whole of the Price, or the payment has been dishonoured, Welladsen bros shall have:
(a) a lien on the item;
(b) the right to retain the item for the Price while Welladsen Bros is in possession of the item;
(c) a right to sell the item.
15.2.The lien of Welladsen Bros shall continue despite the commencement of proceedings, or judgment for the Price having been obtained.
16.1.Welladsen Bros and the Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid Welladsen Bros all amounts owing, including but not limited to the Price in full, for the particular Goods; and
(b) the Customer has met all other obligations due by the Customer to Welladsen Bros in respect of the supply of the particular Goods to the Customer by Welladsen Bros.
16.2.Receipt by Welladsen Bros of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Welladsen Bros’ ownership or rights in respect of the Goods shall continue.
16.3.It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until Welladsen Bros has received payment and all other obligations of the Customer in connection with the provision of the Goods have been met; and
(b) until such time as ownership of the Goods passes from Welladsen Bros to the Customer, Welladsen Bros may give notice in writing to the Customer to return the Goods or any of them to Welladsen Bros. Upon such notice the rights and/or ability of the Customer to obtain ownership or any other interest in the Goods shall cease; and
(c) Welladsen Bros shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Customer fails to return the Goods to Welladsen Bros then Welladsen Bros or it’s agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises as the invitee of the Customer, where the Goods are situated and take possession of the Goods; and
(e) the Customer is only a bailee of the Goods and until such time as Welladsen Bros has received payment in full for the Goods and until that time the Customer shall hold any proceeds from the sale or disposal of the Goods on trust for Welladsen Bros; and
(f) the Customer shall not deal with any funds that it holds on trust for the benefit of Welladsen Bros in any way which may be adverse to Welladsen Bros; and
(g) the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Welladsen Bros; and
(h) Welladsen Bros can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer; and
(i) until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that Welladsen Bros will be the owner of the end products.
Placement of all orders is conditional upon and assumes acceptance of all applicable terms herein. w: \wbpl0002\180230\plbm_lbm_wbpl0002_180230_005.doc
Welladsen Bros Pty Ltd t/as Voltage MI– Terms and Conditions
17.1.Despite anything to the contrary contained herein or any other rights which Welladsen Bros may have howsoever:
(a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Welladsen Bros or Welladsen Bros’ nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that Welladsen Bros (or the it’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should Welladsen Bros elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify Welladsen Bros from and against all of Welladsen Bros’ costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Welladsen Bros or Welladsen Bros’ nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.
18.1.The Customer agrees and acknowledge that these Conditions:
(a) constitute a security agreement for the purposes of the PPSA; and
(b) create a security interest in all goods previously supplied to the Customer by Welladsen Bros (if any) and all goods that will be supplied to the Customer in the future by Welladsen Bros.
18.2.The Customer undertakes to:
(a) promptly sign any further documents and/or provide any further information which Welladsen Bros may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or (iii) correct a defect in the statement referred to in this clause;
(iv) indemnify and upon demand reimburse Welladsen Bros for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any goods charged thereby;
(v) not register a financing change statement in respect of a security interest without the prior written consent of Welladsen Bros;
(vi) not register, or permit to be registered, a financing statement or a financing change statement in relation to the goods in favour of a third party without the prior written consent of Welladsen Bros;
(vii) immediately advise Welladsen Bros of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales; and
(viii) immediately advise Welladsen Bros of any proposed change in the Customer’s name and/or any other changes in the Customer’s details.
18.3.The Customer agrees that sections 96, 115 & 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
18.4.The Customer hereby waives the it’s rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) & 132(4) of the PPSA.
18.5.The Customer waives it’s rights as a grantor and/or a debt or under sections 142 & 143 of the PPSA.
18.6.Unless otherwise agreed to in writing by Welladsen Bros, the Customer waives it’s right to receive a verification statement in accordance with section 157 of the PPSA.
18.7.The Customer agrees that it must unconditionally ratify any actions taken by Welladsen Bros under this clause.
19. Limitation of liability
19.1.Except as expressly provided in these Conditions, to the maximum extent permitted by law Welladsen Bros shall not be liable to the Customer by way of indemnity or by reason of any breach of these Conditions or any statutory duty or any common law duty for any direct, punitive, exemplary, special, indirect or consequential loss or damages suffered by the Customer.
19.2.The Customer indemnifies Welladsen Bros against all claims, losses, costs, suits or expenses for damage to property or injury to or death of any person arising from the Goods or their use or application.
19.3.This clause does not exclude or modify any condition or warranty implied into the contract or these terms of sale by any law (including the Competition and
Consumer Act, 2010 (Cth)) where to do so would contravene that law or cause any
part of this clause to be void.
19.4.To the maximum extent permitted by law, Welladsen Bros excludes all conditions
and warranties implied into these terms of sale and limit its liability for breach of any non-excludable condition and warranty, at the election of Welladsen Bros, to:
(a) in respect of Goods:
(i) repairing the relevant Goods;
(ii) paying the cost of having the relevant Goods repaired;
(iii) request the return of the Goods and tender to the Customer the purchase price paid by the Buyer; or
(iv) resupplying the relevant Goods or equivalent Goods;
(b) in respect of Services, resupplying the relevant Services.
19.5.Welladsen Bros’ total liability under any contract and these terms of sale shall not
exceed the total dollar amount of the Goods and/or Services purchased by the
Customer under the contract.
19.6.The Parties agree that if any limitation or exclusion of liability under these terms of
sale is held to be invalid under any applicable statute or rule of law, it will to that extent be omitted.
20.1.In consideration for Welladsen Bros agreeing to supply Goods and/or Services to the Customer under these terms and conditions, the person noted at the end of these terms and conditions (the Guarantor) guarantees to Welladsen Bros that the Customer will comply with all its obligations under these terms and conditions at the time that they should be complied with.
20.2.The Guarantor agrees that they are liable for all of the Customer’s obligations to Welladsen Bros under these terms and conditions. For the avoidance of doubt the Guarantor acknowledges that Welladsen Bros is entitled to pursue the Guarantor for any of the obligations of the Customer that arise under these terms and conditions.
20.3.The Guarantor agrees to indemnify Welladsen Bros for any loss or costs that Welladsen Bros suffers or incurs as a result of the Customer not complying with its obligations under these terms and conditions.
20.4.The guarantee and indemnity in this clause is a continuing guarantee and indemnity and the guarantees do not come to an end until released in writing by Welladsen Bros.
20.5.The Guarantor agrees and acknowledges that the guarantee they are providing will operate even if the Customer ceases to trade or becomes insolvent, or any agreement between Welladsen Bros and the Customer is or becomes unenforceable for any reason, or if Welladsen Bros does not act promptly to enforce its rights under these terms and conditions.
20.6.The Guarantor acknowledges that for the purposes of providing this guarantee Welladsen Bros may obtain from any credit reporting agency a credit report containing personal information about the Guarantor and that Welladsen Bros will have the right to report the Guarantor to a credit rating authority should they default under the guarantee.
21.1.If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
21.2.These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
21.3.The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by Welladsen Bros.
21.4.Welladsen Bros may at any time license or sub-contract all or any part of its rights and obligations under these terms and conditions.
21.5.The Customer agrees that Welladsen Bros may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Welladsen Bros notifies the Customer of such change.
21.6.Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
21.7.The failure by Welladsen Bros to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the right of Welladsen Bros to subsequently enforce that provision.
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
Additional non-returnable items:
Downloadable software products
Some health and personal care items
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
There are certain situations where only partial refunds are granted (if applicable)
Book with obvious signs of use
CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened
Any item not in its original condition, is damaged or missing parts for reasons not due to our error
Any item that is returned more than 30 days after delivery
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com.
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and send your item to: Po Box 677, Windsor NSW 2756, Australia.
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
To return your product, you should mail your product to: Po Box 677, Windsor NSW 2756, Australia
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
- [[INSERT DESCRIPTIONS OF OTHER TYPES OF TRACKING TECHNOLOGIES USED]]
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers [[INSERT ANY OTHER PAYMENT TYPES ACCEPTED]]), email address, and phone number. We refer to this information as “Order Information”.
[[INSERT ANY OTHER INFORMATION YOU COLLECT: OFFLINE DATA, PURCHASED MARKETING DATA/LISTS]]
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
- [[INSERT OTHER USES OF ORDER INFORMATION]]
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
[[INSERT OTHER USES OF DEVICE INFORMATION, INCLUDING: ADVERTISING/RETARGETING]]
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
- [[INCLUDE OPT-OUT LINKS FROM WHICHEVER SERVICES BEING USED]]
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at email@example.com or by mail using the details provided below:
[Re: Privacy Compliance Officer]
Welladsen Bros Pty Ltd T/A Voltage MI , Po Box 677, Windsor NSW 2756, Australia