Terms and Conditions Online Store
We undertake to ensure all prices are correct at time of publication and appear correctly on the online store; however if a pricing error does occur, due to human error, technical failure or other reason, The Company reserves the right to alter prices for any reason. We reserve the right to withdraw any or all product(s) from sale without notice, for any reason. For technological or other reasons, a product may continue to be visible on our online store or website for a period of time after the withdrawal. We make no undertaking that product(s) appearing on our online store and/or website will be available for purchase online or from our Port Douglas store.
Prices are based on current ruling costs of labour and overhead goods, materials, freight, insurance, foreign exchange, customs duty and landing charges, and on latest quotations from sub-contractors, manufacturers and suppliers. Any variation in these rates will be to the customer’s account. All prices quoted unless otherwise specified exclude delivery freight. Freight costs are to the customer’s account. In the event of non-availability of goods at time of dispatch The Company will not in any way be liable and may cancel the order at their discretion. All retail prices include Goods and Services Tax.
PROMOTION CODES / VOUCHERS
Promotional Codes/Coupon Codes, Discount Codes, Vouchers and Cash Back Promotions; are only valid through the online store portal; cannot be used in conjunction with any other offer, price match, or existing discount; cannot be used to purchase Gift Vouchers; are subject to the terms and conditions stated on them and/or the applicable promotional landing page, window or device.
Quoted prices for goods are those ruling at the time of quotation and are indicative only – the price shall be that ruling at date of dispatch.
Retail Customers – The laws of the state of Queensland are deemed to apply to goods returns, please see our 30 Day return policy.
For the purposes of this document, these terms are governed in accordance with the laws of Queensland and the parties agree to submit to the jurisdiction of the courts of that state.
No warranty, condition, description or representation concerning goods is given or implied or has been or is implied from anything said or written in the negotiations prior to acceptance and any statutory or other warranty conditions, descriptions, representation or undertaking expressed or implied as to the state, quality, or fitness is expressly excluded, except those specifically set out as part of this contract. We undertake to remedy with reasonable dispatch any original defects arising from faulty workmanship or materials within 30 days from the date of delivery and which are notified to us in writing forthwith upon discovery, provided the defective item is returned to us. All other conditions and warranties implied by law are excluded and The Company shall not be liable in any way whatsoever, to the Customer, including consequential loss of any kind.
To the extent that The Company has received any warranty from the manufacturer of any part or goods, The Company will assign that warranty to the customer in so far as it is able to do so. These conditions do not affect your rights under Queensland law, so far as they may apply.
Customer’s property supplied to us shall be wholly at the risk of the Customer.
No cancellation of any order or part thereof shall be effective until accepted by us in writing.
Any claims concerning discrepancies in goods supplied must be made in writing within seven (7) days of receipt of goods. If no claim is made within that time; goods shall be deemed to be in all respects in accordance with the contract and the customer shall be bound to accept and pay for the same according.
TITLE / OWNERSHIP (Romalpa Clause)
The goods shall remain the property of The Company until the whole price and all other amounts owning on any account to The Company have been paid in full. If payment is not made on due date, The Company may repossess the goods and for that purpose the Customer authorises The Company to enter upon any premises in which the goods may be located. Any expense in recovering the amount owing or the goods shall be payable by the Customer also.
Our terms of payment are net cash payment in full to be made on date of invoice, unless otherwise specified in writing, in advance. Interest at 3.0% per calendar month, and account keeping fees may be charged on all overdue accounts. All costs incurred in recovering overdue accounts will be charged to the Customer – including collection agency fees, commissions and legal costs.
Subject to these terms and conditions and the addition conditions set out in the applicable agreement form or document.
Notwithstanding that the Customer may not have signed this agreement, the acceptance by the Customer of any good(s) and/or service, or ordering of any good(s) and/or service from The Company shall in itself constitute an acceptance of these terms and conditions, and of the charges stated on invoice or acknowledgement of order.
In the event of a technology, software or communications error with our Online Store and Website(s), including but not limited to systems or software error, the Company will have no liability to you or any third party for any such errors or failure.
While every effort is made, no responsibility is accepted for errors and omissions in any Catalogues, Promotional Materials, Price Lists or documentation supplied by the Company.
In accordance with the Privacy Act, the customer authorises the Company to obtain such personal information as they may require in response to their enquiries from any source. This information us used for the purpose of determining credit worthiness and me be used for debt collection purposes.In addition the Company may use this information to communicate promotional activities and provide information about the Company’s products and services, as well as other lawful purposes relating to the Company’s business. Such information will NOT be furnished to third parties, other than sub-contractors or staff for the purposes of providing the goods or services ordered by the Customer
PRODUCT SPECIFICATIONS & SUBSTITUTIONS
Specifications are subject to change without notice, due to continued product or service improvement. The Company reserves the right to substitute products here the original products are no longer available at the Company’s discretion.
FITNESS OF PURPOSE
The Company gives no warranty that the goods or services are fit for the Customer’s purpose or purposes. The Customer warrants that they have satisfied themselves that the goods or services will be fit for every purpose they require them and they do no reply on any skill or judgement of the Company in that regard. The Customer further warrants that they are aware that the goods or services supplied are for the purpose for which they were designed and/or manufactured and they have all the appropriate licences that are required for their use, that the goods will be tested prior to use, and that the goods will only be used by suitably qualified persons.
The Customer agrees if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.
In these conditions:
“the Company” means Tech Dive Academy Pty Ltd and Tech Dive Pty Ltd trading as Tech Dive Academy and Tech Dive as maybe applicable.
“the Customer” means the person or persons, organisation, or company buying the goods, service or rental from the Company.
“the goods” means the goods/services/rental, or equipment being purchased by the Customer from the Company which are subject of the contract.
“the Contract” means the contract between the Company and the Customer for the purchase of goods or service, and may include Training and/or Rental.