Terms & Conditions
SKstore Website Terms and Conditions (Terms)
1. Your acceptance
1.1 These are the terms on which SKstore ABN 99 613 974
399(referred to as SKstore, we, our or us) permits users
(referred to as you or your) to access and use the
SKstore website (http://www.skstore.com/) (Website) including using the
services and functionality made available through the Website, viewing Content
(defined in clause 12) provided by SKstore, communicating with SKstore,
reviewing product information and placing an order for products, services or
both (Order) through the online store (Online Store).
1.2 You agree to be bound by these Terms when you:
(a) use, browse or access any part of the Website;
(b) register an account with the Website; or
(c) place an Order through the Online Store.
1.3 SKstore may from time to time review and update these
Terms to take account of new laws, regulations, products or technology. Your
use of the Website will be governed by the most recent Terms posted on the
Website. By continuing to use the Website, you agree to be bound by the most
recent Terms. It is your responsibility to check the Website regularly for
updated versions of the Terms.
2. Registering an Account
2.1 You will be required to register an account to make an
Order on the Online Store or access other particular areas of the Website (Account).
2.2 You warrant that all information and data provided by
you in the registration is accurate, complete and up to date. You will promptly
inform SKstore if there is any change to this information or data.
2.3 By registering an Account, you warrant to us that you
are at least 18 years of age and possess the legal authority to enter into, and
use the Website in accordance with, these Terms. You agree to be financially
responsible for all of your use of the Website (as well as for use of your
Account by others, including without limitation minors (under 18 years old)
living with you or in your care).
3. Passwords
3.1 You may only make an Order on the Online Store by
entering the Account password selected by you when registering your Account on
the Website (Password). You agree that you will not disclose, or permit
disclosure of, the Password to any person. You will be fully responsible for
all acts and omissions of any person who enters into a transaction using your
Password, as if they were your own acts and omissions. SKstore will not in any
event be liable for any loss, damage, claims, costs or expenses arising out of
the use or misuse of the Password, and you will indemnify SKstore against all
loss, damage, claims, costs or demands in this regard.
3.2 You may elect to change the Password at any time using
the facility provided on the Website. You must immediately notify SKstore of
any Password which is lost, inoperable or used in an unauthorised manner.
4. Orders for products, services or both
through the Online Store
4.1 By placing an Order via the Online Store you are
making an offer and commitment to purchase products, services or both in
accordance with these Terms. An Order is subject to acceptance or rejection by
SKstore in its discretion after receipt of the Order. Provided you have not
accepted delivery of the products, where possible, SKstore may in its
discretion permit an Order to be cancelled, but cancellations cannot be
guaranteed once any applicable payment is received for the Order. The Order
cannot be cancelled by you once you accept delivery of the products.
4.2 Once you have placed an Order in accordance with these
Terms you will receive an email confirming the details of your Order and receipt
of payment (where applicable) (Confirmation Email). Where your Order is
not accepted by us, your Account will be updated indicating that your Order has
not been accepted. If you do not receive a Confirmation Email, please login to
your Account to check the status of your Order.
4.3 Notwithstanding anything to the contrary, we may at
any time following receipt of your Order accept, decline, or limit your Order
for any reason whatsoever, whether or not your credit card has been charged or
we have otherwise received payment from you. We will issue you with a refund if
your credit card has been charged or we have received payment from you, and
your Order is cancelled by us.
4.4 SKstore does not accept Orders via the Online Store
originating from outside Australia.
5. Changes to products, services and pricing
5.1 We may modify prices and product and service offerings
at our discretion for any reason (including but not limited to changes in
market conditions, product discontinuation, changes in availability,
manufacturer changes, errors in advertising, and in other circumstances).
5.2 All updates and modifications to the Website including
any changes to the Content, Online Store, and all product and service pricing
and offerings will be subject to these Terms. Any information we provide in
relation to the availability of products is a guide only and is subject to
change without notice. We will not be liable for any lack of availability of
products that you may order through the Website.
6. Pricing
6.1 All transactions are processed in Australian Dollars.
6.2 Prices are inclusive of goods and services tax. In all
other respects prices are exclusive of taxes, duties and charges imposed or
levied in Australia in connection with the supply of goods or services.
7. Payments
7.1 Payment for an Order is made:
(a) online through the Online Store when you elect to have
your Order delivered to you using one of our third party couriers (Online
Payment) .
7.2 We accept Online Payment using VISA and MasterCard
credit cards (via PayPal), PayPal.
7.3 We only accept credit cards issued in Australia, and a
2% credit card surcharge on the value of the Order applies to all credit card
transactions. For all PayPal transactions, a 2% surcharge on the value of the
Order applies. The credit card holder must be either the billing or shipping
recipient. All PayPal orders will ship to the registered PayPal address.
7.4 If you choose to pay by credit card, you authorise us
to debit the amount that is payable for an accepted Order from your nominated
credit card account.
7.5 If we are unable to successfully process your credit
card for your Order that is accepted by us, then we may cancel your Order.
7.6 You must not pay, or attempt to pay, for Orders
through any fraudulent or unlawful means.
7.7 We will provide you with a receipt at time of delivery
(in respect of Online Payments) which specifies the total fees and charges for
the products and services in your Order. These details are also available under
your Account for you to refer to or print at any time for the period that your
Account remains active.
8. Delivery of Orders
8.1 We offer the choice of shipping using Australia Post,
TNT Express, DHL Express, DHL Global Mail depending on region. (Third Party
Couriers). Shipping and delivery of Orders will be in accordance with the
delivery terms of the Third Party Couriers.
8.2 You must provide a physical delivery address where
someone is likely to be available to accept the delivery of your Order during
business hours. You may be required by the Third Party Couriers to provide
proof of identification for verification checks, in accordance with their
delivery terms.
8.3 Shipping costs are influenced by the size and weight
of the products in your Order and your location. You can see the pricing on the
available shipping options by entering your State and post code into the
freight calculator. This calculator appears on the lower half of the screen
when you add items to your cart.
8.4 We aim to ship all Orders, where products are in
stock, within 1-2 business days. If for any reason we are unable to dispatch
your Order we will notify you within 2 business days. Shipping times are
estimated at between 1-7 business days depending on your location within
Australia, but are subject to the delivery terms of the Third Party Couriers.
9. Risk and title
9.1 If you elect to have your Order delivered to you using
one of the Third Party Couriers, then title to the products in your Order
passes to you upon delivery.
10. Returns and refunds of an Order
10.1 We do not normally provide a refund if you have
simply changed your mind about an Order, so please choose carefully.
10.2 In order to obtain a refund, exchange or to repair a
product purchased from SKstore, including those products which carry a
manufacturer's warranty, you must have clear proof of purchase; typically, a
receipt or invoice.
10.3 To return your product (including warranty returns
for faulty products, or where you have been sent the wrong item), please go to
your Account and click on "Returns and Service Department" to fill in
the appropriate request form. We will review your request, and at our option,
issue you a Return Authorisation number. If we issue you a Return Authorisation
number, please clearly print it on the outside of the package when returning
your product to us. You acknowledge that by issuing you with a Return
Authorisation number, we are not representing that your warranty claim is valid
or that you will be entitled to have your product repaired or replaced, or a
refund provided in relation to that product.
10.4 In relation to returning faulty products, warranty
periods are strictly enforced by manufacturers (and in relation to SKstore Custom
System Products, which is defined in clause 18.1, by us). It is therefore
important that you immediately apply for a Return Authorisation number as soon
as you become aware of the need to do so. When we receive your product, we will
assess whether the product has a fault and can be accepted as a warranty claim.
We may be required to consult with the manufacturer or their repair agent to
determine the fault and resolution. If we have to send your product to the
manufacturer or their repair agent, we will ask them to assess the product and
provide their assessment within a reasonable timeframe. Where the assessment
finds that there is no fault with the product, or that the product has been
damaged due to use of the product by you for a purpose for which it is not
intended, outside its recommended parameters or specifications, or
circumstances otherwise beyond our control, we may require, at our option, that
you compensate us for any fees incurred by us in relation to the assessment.
Once your product assessment is completed, we will inform you whether your
warranty claim is accepted, and subject to clause 18, whether we will repair,
replace or refund your product.
11. Content
11.1 The Website is owned and operated by or on behalf of SKstore.
11.2 All intellectual property rights (including copyright
and patents) in the information, comment, content, communication, advice, text,
training materials, trade marks, logos, service names and trade names of SKstore,
images of people or places or other content (Content) contained in the
Website are owned or licensed by SKstore.
11.3 The Content on the Website is for general information
purposes only. SKstore does not warrant or make any representations as to any
third party products or services described or referred to on the Website. Any
use of the Content by another person or organisation is at the user's own risk.
11.4 The Content on the Website is obtained and developed
from a variety of sources including but not limited to collaborations with
third parties and information provided by third parties under licence.
Inclusion of Content on the Website is not an endorsement of any organisation,
product or service.
11.5 We may modify any information on the Website
(including Content) at our discretion for any reason. All updates and
modifications to the Website (including Content) will be subject to these
Terms.
11.6 If you have a complaint regarding any Content on the
Website, SKstore's sole obligation will be to review any written complaint
notified to it and, if it sees fit, in its sole discretion, to modify or remove
the particular Content.
12. Prohibited uses
Unless expressly permitted by and in accordance with these
Terms, you agree that in accessing and using the Website, you will not:
(a) download (other than page caching) or modify the
Website or any portion of the Website;
(b) impersonate or falsely claim to represent a person or organisation;
(c) frame the Website without SKstore's express written permission; or
(d) post, link to, or otherwise communicate or distribute any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful material or
information, or otherwise use the Website in a manner which is unlawful or
would infringe the rights of another person including any intellectual property
rights.
13. Links
13.1 The Website may contain links to other websites. We
have not reviewed all of the third party websites linked on the Website and are
not responsible for their content or accuracy. SKstore provides those links as
a ready reference for searching for third party goods and services on the
internet and not as an endorsement, support or sponsorship of those web sites,
their operators, the goods, services or content that they describe.
13.2 Facebook and other websites which are linked to the
Website, are not covered by these Terms, and may have their own terms and
conditions and privacy policy. If you choose to access these linked sites, you
do so at your own risk. SKstore is not responsible for and will not be liable
in respect of the content or operation of those web sites or any of the goods,
services or content that they describe. SKstore is not responsible for and will
not be liable in respect of any incorrect link to an external web site.
14. Access and communication
14.1 SKstore does not warrant that you will have
continuous access to the Website. SKstore will not be liable if the Website is
unavailable to you due to computer downtime attributable to malfunctions,
upgrades, preventative or remedial maintenance activities or interruption in
telecommunications supply.
14.2 SKstore does not guarantee the delivery or security
of communications over the internet as such communications rely on third party
service providers, and electronic communication (including electronic mail) is
vulnerable to interception by third parties.
14.3 Whilst SKstore takes reasonable precautions to
protect information transmitted via the Website (for instance, when you access
your Account, or you make a purchase, a secure connection via Secure Socket
Layer technology is established with your web browser to ensure that your
details are encrypted and securely communicated to us), SKstore cannot and does
not guarantee the security or confidentiality of these communications or the
security of the Website.
14.4 SKstore does not provide, and has no control over,
communications, networks or services, the internet or other technology required
or used across the Website and accepts no responsibility for any direct or
indirect loss in any form associated with them, whether due to congestion,
technical malfunction, viruses or otherwise.
15. Privacy
Any personal information submitted by you to SKstore is
subject to and will be handled in accordance with SKstore's Privacy Policy. The
Privacy Policy forms part of these Terms and can be found here. You agree that, by using the Website or
communicating with SKstore, you have read the Privacy Policy, understood its
contents and consented to its requirements.
16. Indemnity
You will fully indemnify SKstore in respect of all loss,
damage, costs, expenses (including legal fees on a full indemnity basis),
fines, penalties, claims, demands and proceedings howsoever arising, whether at
common law (including negligence) or under statute, in connection with any of
the following:
(a) any breach of these Terms by you;
(b) your use of the Website; or
(c) your communications with SKstore
18. Warranties, consumer guarantees and
limitation of liability
17.1 For the purposes of this clause 18:
Non-SKstore Product means any product sold on the Website,
except for SKstore Custom System Products;
SKstore Custom System Product means the custom system that is assembled by SKstore under
our custom system assembly service; and
Products means Non-SKstore Products
and SKstore Custom System Products.
17.2 Any representation, warranty, condition, guarantee or
undertaking that would be implied in these Terms by legislation, common law,
equity, trade, custom or usage is excluded to the maximum extent permitted by
law, including any implied warranties of acceptable quality or fitness for a
disclosed purpose.
17.3 Nothing in these Terms excludes, restricts or
modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law,
Schedule 2 of the Competition
and Consumer Act 2010 (Cth) (ACL)
or any other applicable law that cannot be excluded, restricted or modified by
agreement.
17.4 To the fullest extent permitted by law, the liability
of SKstore for a breach of a non-excludable guarantee referred to in clause
18.3 is limited, at SKstore's option, to:
(a) in the case of goods supplied or offered by us, any
one or more of the following:
(i) the replacement of the goods or the supply of
equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent
goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services supplied or offered by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
17.5 Subject to clause 18.7, you acknowledge and agree
that, SKstore is not the manufacturer or producer of any Non-SKstore Product,
and the only warranties offered in respect of a Non-SKstore Product are those
of the manufacturer, not SKstore. Except as expressly set out in these Terms
and to the extent permitted by law including the ACL, SKstore does not make or
will not be deemed to have made any:
(a) warranty or representation, express or implied, as to:
(i) the title, condition, design, operation, acceptable
quality or fitness for purpose of any product (or any part thereof);
(ii) the absence of any latent or other defects;
(iii) the absence of any infringement of any intellectual property rights
(including copyright and patents);
(iv) the absence of obligations based on strict liability in tort; or
(b) other representation, guarantee or warranty
whatsoever, express or implied,
with respect to any Product or any part thereof or services sold on the
Website.
17.6 Subject to clause 18.7, SKstore provides a 1 year
return-to-base warranty on labour for all SKstore Custom System Products (SKstore
Custom System Warranty). The SKstore Custom System Warranty commences from
the date of delivery of the SKstore Custom System Product to you. Where it can
be proved in accordance with clause 11.4 that there is a fault with a Non-SKstore
Product component in the SKstore Custom System Product , this warranty covers:
(a) the return of the SKstore Custom System Product to SKstore;
(b) SKstore replacing the faulty Non-SKstore Product component with a
replacement; and
(c) SKstore delivering the SKstore Custom System Product back to you.
If you encounter any issues with the SKstore Custom System
Product outside the SKstore Custom System Warranty, you will need to identify
what you believe is the faulty Non-SKstore Product component, and return that
component to us in accordance with the normal warranty procedure in clause
11.4, for us to assess whether that component is faulty and can be accepted as a
warranty claim.
17.7 In addition to any manufacturers' warranties for Non-SKstore
Products and the SKstore Custom System Warranty, the Products and services sold
on the Website come with consumer guarantees that cannot be excluded under the
ACL. You are entitled to a replacement or refund for a major failure and for
compensation for any other reasonably foreseeable loss or damage. SKstore does
not have to pay for damages or losses that (i) are not caused by SKstore's
conduct or the Products, or (ii) relate to something independent of SKstore's
business, after the Products have left SKstore's control. You are also entitled
to have the Products repaired or replaced if the goods fail to be of acceptable
quality and the failure does not amount to a major failure.
17.8 The consumer guarantees under the ACL have no set
time limit, and depending on the price and quality of the Product, you may be
entitled to a remedy even after any manufacturers' warranty for Non-SKstore
Products, or the SKstore Custom System Warranty, has expired. In that
circumstance, SKstore recommends that:
(a) in relation to Non-SKstore Products, you contact the
manufacturer's customer assistance department directly. Although the
manufacturer's warranty has expired, the manufacturer is obliged (and best
placed) to assess the nature, cause and extent of a failure or fault if you
believe your consumer guarantees have been breached. If you are not satisfied
with the manufacturer's remedy, then please contact us (see clause 22) for
assistance; or
(b) in relation to SKstore Custom System Products, you contact us directly (see
clause 22) for assistance.
17.9 SKstore will not be liable to you for any indirect,
incidental, special or consequential loss or damage, loss of profits or
anticipated profits, economic loss, loss of business opportunity, loss of data,
loss of reputation or loss of revenue (irrespective of whether the loss or
damage is caused by or relates to breach of contract, tort (including
negligence), statute or otherwise) arising in connection with the Website, the
Content, all links to or from the Website or the goods and services advertised
or purchased from the Website.
17.10 Subject to this clause 18, the maximum aggregate
liability of SKstore for all proven losses, damages and claims arising out of
or in connection with these Terms or a supply under these Terms, including
liability for breach, in negligence or in tort or for any other common law or
statutory action, is limited to the sum of $100.
18. Termination of your access to the Website
SKstore may at any time immediately terminate your access
(including restricting access) to the Website or any feature of the Website for
any reason (including due to your breach or alleged breach of these Terms) in
its sole discretion and without prior notice. Any indemnities given by you and
any limitations of our liability survive such termination.
19. Jurisdiction and law
These Terms are governed by and must be construed in
accordance with the laws of the State of Western Australia, Australia. You
submit to the exclusive jurisdiction of the courts of that State and the
Commonwealth of Australia in respect of all matters arising out of or relating
to these Terms, their performance and subject matter.
20. Severability
Each provision of these Terms is severable from the others
and no severance of a provision will affect any other provision.
21. Contacting us
If you have questions about the Website, these Terms or
the Privacy Policy, please contact us. Our contact details can be found here.
Last updated: 19/03/2016