OVERVIEW
This website is
operated by Perth Hobby Centre. Throughout the site, the terms “we”,
“us” and “our” refer to Perth Hobby Centre. Perth Hobby
Centre offers this website, including all information, tools and
services available from this site to you, the user, conditional upon
your acceptance of all terms, conditions, policies and notices stated
here.
By visiting our site and/ or purchasing something from
us, you agree to be bound by the following Terms and Conditions
(T&C’s) including those additional T&C’s and policies
referenced herein and/or available by hyperlink. These T&C’s
apply to all users of the site, including without limitation users
who are browsers, vendors, customers, merchants, and/ or contributors
of content.
Please read these T&C’s carefully before
accessing or using our website. By accessing or using any part of the
site, you agree to be bound by these T&C’s. If you do not agree
to all the T&C’s of this agreement, then you may not access the
website or use any services. If these T&C’s are considered an
offer, acceptance is expressly limited to these T&C’s.
Any
new features or tools which are added to the current store shall also
be subject to these T&C’s. You can review the most current
version of the T&C’s at any time on this page. We reserve the
right to update, change or replace any part of these T&C’s by
posting updates and/or changing our website. It is your
responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of
any changes constitutes acceptance of those changes.
Our store
is hosted on OpenCart. They provide us with the online e-commerce
platform that allows us to sell our products and services to
you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to
these T&C’s, you are at least the age of majority in your state
of residence, or that you are the age of majority in your state of
residence and you have given us your consent to allow any of your
minor dependents to use this site.
You may not use our products
for any illegal or unauthorized purpose nor may you, in the use of
the Service, violate any laws in your jurisdiction (including but not
limited to copyright laws).
You must not transmit any worms or
viruses or any code of a destructive nature.
A breach or violation
of any of the Terms will result in an immediate termination of your
Services.
SECTION 2 - GENERAL CONDITIONS
We reserve
the right to refuse service to anyone for any reason at any time.
You
understand that your content (not including credit card information),
may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
The
headings used in this agreement are included for convenience only and
will not limit or otherwise affect these Terms.
SECTION 3 -
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are
not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided
for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
This
site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this
site at any time, but we have no obligation to update any information
on our site. You agree that it is your responsibility to monitor
changes to our site.
SECTION 4 - MODIFICATIONS TO THE
SERVICE AND PRICES
Prices for our products are subject to
change without notice.
We reserve the right at any time to modify
or discontinue the Service (or any part or content thereof) without
notice at any time.
We shall not be liable to you or to any
third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 - PRODUCTS OR
SERVICES (if applicable)
We have made every effort to display
as accurately as possible the colors and images of our products that
appear at the store. We cannot guarantee that your computer monitor's
display of any color will be accurate.
We reserve the right, but
are not obligated, to limit the sales of our products or Services to
any person, geographic region or jurisdiction. We may exercise this
right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any
product or service made on this site is void where prohibited.
We
do not warrant that the quality of any products, services,
information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be
corrected.
SECTION 6 – PRE ORDERED ITEMS
We
may at times offer items for sale on a pre order basis. Items ordered
must be paid for at time of placing the pre order. Anticipated dates
for the receipt of these items may vary in line with the suppliers
delivery dates. The sale price is current at the date of listing the
product and is as accurate as we can make it. The price may be
subject to change depending on the suppliers prices, freight costs
and currency exchange rates. If the sale price changes you will be
advised and you can then accept the revised price, paying the
difference, or cancel the order in which case we will refund the
money already paid in accordance with our refund policy.
SECTION
7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the
right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed
by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the
event that we make a change to or cancel an order, we may attempt to
notify you by contacting the email and/or billing address/phone
number provided at the time the order was made. We reserve the right
to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers or distributors.
You agree to provide
current, complete and accurate purchase and account information for
all purchases made at our store. You agree to promptly update your
account and other information, including your email address and
credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.
For more detail,
please review our Returns Policy.
SECTION 8 - USER
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request,
you send certain specific submissions (for example contest entries)
or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by
postal mail, or otherwise (collectively, 'comments'), you agree that
we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments
that you forward to us. We are and shall be under no obligation (1)
to maintain any comments in confidence; (2) to pay compensation for
any comments; or (3) to respond to any comments.
We may, but have
no obligation to, monitor, edit or remove content that we determine
in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or
these Terms of Service.
You agree that your comments will not
violate any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or
otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the
operation of the Service or any related website. You may not use a
false email address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any
comments. You are solely responsible for any comments you make and
their accuracy. We take no responsibility and assume no liability for
any comments posted by you or any third-party.
SECTION 9 -
PERSONAL INFORMATION
Your submission of personal information
through the store is governed by our Privacy Policy. To view our
Privacy Policy.
SECTION 10 - ERRORS, INACCURACIES AND
OMISSIONS
Occasionally there may be information on our site or
in the Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including
after you have submitted your order).
We undertake no obligation
to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to
indicate that all information in the Service or on any related
website has been modified or updated.
SECTION 11 -
PROHIBITED USES
In addition to other prohibitions as set forth
in the T&C’s, you are prohibited from using the site or its
content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws,
or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate,
or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit
false or misleading information; (g) to upload or transmit viruses or
any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Service or of
any related website, other websites, or the Internet; (h) to collect
or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security
features of the Service or any related website, other websites, or
the Internet. We reserve the right to terminate your use of the
Service or any related website for violating any of the prohibited
uses.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that your
use of our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that may be
obtained from the use of the service will be accurate or
reliable.
You agree that from time to time we may remove the
service for indefinite periods of time or cancel the service at any
time, without notice to you.
You expressly agree that your use of,
or inability to use, the service is at your sole risk. The service
and all products and services delivered to you through the service
are (except as expressly stated by us) provided 'as is' and 'as
available' for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable
quality, fitness for a particular purpose, durability, title, and
non-infringement.
In no case shall Perth Hobby Centre, its owner,
employees, affiliates, agents, contractors, suppliers, service
providers or licensors be liable for any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost
revenue, lost savings, loss of data, replacement costs, or any
similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of
any of the service or any products procured using the service, or for
any other claim related in any way to your use of the service or any
product, including, but not limited to, any errors or omissions in
any content, or any loss or damage of any kind incurred as a result
of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do
not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions,
our liability shall be limited to the maximum extent permitted by
law.
SECTION 13 - INDEMNIFICATION
You agree to
indemnify, defend and hold harmless Perth Hobby Centre the owner,
employees, affiliates, agents, contractors, and suppliers from any
claim or demand, including reasonable attorneys’ fees, made by any
third-party due to or arising out of your breach of these T&C’s
or the documents they incorporate by reference, or your violation of
any law or the rights of a third-party.
SECTION 14 -
SEVERABILITY
In the event that any provision of these T&C’s
is determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be
severed from these T&C’s, such determination shall not affect
the validity and enforceability of any other remaining
provisions.
SECTION 15 - TERMINATION
The obligations
and liabilities of the parties incurred prior to the termination date
shall survive the termination of this agreement for all
purposes.
These T&C’s are effective unless and until
terminated by either you or us. You may terminate these T&C’s
at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole
judgment you fail, or we suspect that you have failed, to comply with
any term or provision of these T&C’s, we also may terminate
this agreement at any time without notice and you will remain liable
for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part
thereof).
SECTION 16 - ENTIRE AGREEMENT
The failure
of us to exercise or enforce any right or provision of these T&C’s
shall not constitute a waiver of such right or provision.
These
T&C’s and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement
and understanding between you and us and govern your use of the
Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the
T&C’s).
Any ambiguities in the interpretation of these T&C’s
shall not be construed against the drafting party.
SECTION
17 - GOVERNING LAW
These T&C’s and any separate
agreements whereby we provide you Services shall be governed by and
construed in accordance with the laws of Australia.
SECTION
18 - CHANGES TO TERMS OF SERVICE
You can review the most
current version of the T&C’s at any time at this page.
We
reserve the right, at our sole discretion, to update, change or
replace any part of these T&C’s by posting updates and changes
to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our
website or the Service following the posting of any changes to these
T&C’s constitutes acceptance of those changes.
SECTION
19 - CONTACT INFORMATION
Questions about the T&C’s
should be sent to us at websales@perthhobbycentre.com.au
Accepted payment methods
We accept all major credit & debit cards, Paypal, Afterpay (in store sales only) and direct debit as payment methods.
GST Pricing
All prices quoted on our website are in Australian Dollars, and include 10% GST.
Payment Verification
Due to the nature of the products we sell being highly susceptible to fraudulent transactions, we have a fraud prevention protocol in place to ensure your protection and ours from fraudulent transactions. We may contact you to confirm additional details. Your order will not be sent until it has passed these fraud prevention protocols. If we have not received a reply to our request for additional information within 2 days, we will cancel the order and refund the payment back to the method in which you paid.
Refund policy
Returns
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.
All returns are subject to a 15%
restocking and admin fee.
Several types of goods are exempt
from being returned - Fuel, Batteries, Books &
Magazines.
Additional non-returnable items:
- Gift
cards
- Discounted, Sale Items & Clearance items
To
complete your return, we require a receipt or proof of
purchase.
Please do not send your purchase back to the
manufacturer or supplier.
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 5 business 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
websales@perthhobbycentre.com.au.
Website Sale items (if
applicable)
Only regular priced items may be refunded,
unfortunately sale/clearance 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 Websales@perthhobbycentre.com.au and send your item to:
Perth Hobby Centre, Unit 3 43 Hutton Street, Osborne Park, W.A. 6017,
Western Australia, Australia
Shipping
To return your
product, you should mail your product to: Perth Hobby Centre, Unit 3
43 Hutton Street, Osborne Park, W.A. 6017, Western Australia,
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.