The following is the Agreement which applies to Your use of web pages, software, networks and processes associated with the Website, including the purchase of Goods using the online purchase service operated by Dirt Cheap Cameras Australia Pty Ltd (DIRT CHEAP, us or we"). By browsing through the Website, or opening an Account, You agree to the terms of this Agreement. Please note that the Agreement may be amended in the future and You should review it every time Your access the Website.
Terms & Conditions
1. INTERPRETATION
1.1 In these terms and conditions:
Account? means the personalised account created by You on the Website enabling the Order of Goods.
Agreement? means these terms and conditions, including the terms of any Order placed by Your through the Website (if applicable).
Goods? means any products described in an Order and includes packaging.
Intellectual property means all rights in patent, copyright, trade names, trade marks, logos, designs, images (including photographs, videos, multimedia or films) or service marks (in each case whether registered or registrable).
Material means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or used in connection with the Website.
Order means a request submitted by Your to purchase Goods from DIRT CHEAP through the Website.
Website? means the internet site located at www.dirtcheapcameras.com.au (the Website) operated by DIRT CHEAP.
You or Your? means the customer or the person placing an Order for Goods through the Website.
1.2 Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supercedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa, paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified. All references to dollar amounts are references to Australian dollars.
2. SPECIFIC WARNINGS
2.1 You must ensure that Your access to, or use of, the Website is not illegal or prohibited by laws which apply to You.
2.2 You must take Your own precautions to ensure that the process which You employ for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. DIRT CHEAP takes no responsibility for any such damage which may arise in connection with Your use of the Website.
3. LINKED WEB SITES
3.1 The Website may contain links to other web sites which are owned or operated by third parties.
Those links are provided for convenience only and may not remain current or be maintained.
We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites.
Your link to these websites is at Your own risk and You should make Your own enquiries as to the privacy policies of these third parties.
DIRT CHEAP will not be responsible for the content or privacy practices associated with linked web sites.
4. CUSTOMER ACCOUNT
4.1 You must create an Account before placing an Order for Goods through the Website.
4.2 You warrant that all information and data provided by You in the creation of Your Account is accurate and up to date.
4.3 You must notify DIRT CHEAP immediately if You become aware of any unauthorised use of Your password or of any other security breach relating to Your Account.
5. GOODS
5.1 Subject to clause 10.1, as DIRT CHEAP is only an on-line retailer and not a manufacturer it takes no responsibility for the quality of any Goods purchased through the Website.
5.2 All Goods are sold subject to the manufacturer’s warranty and any warranty implied by law unless otherwise specified.
5.3 We reserve the right to correct any errors or misprints.
5.4 Some goods may not be on show or available at the time of Your order.
6. PRICING
6.1 Prices displayed on the DIRT CHEAP website are subject to change without notice due to changes in prices charged to Us by Our suppliers and also due to fluctuations in foreign exchange rates.
6.2 DIRT CHEAP will endeavour to ensure that Prices for items on an order are fixed once Your Order has been accepted. However, due to price changes caused by Our suppliers or fluctuations in foreign exchange rates, which are beyond Our control, We reserve the right to change the price of Goods the subject of any Order prior to the Goods being supplied to You.
6.3 Any additional monies payable as a result of a price change must be paid by You prior to the Goods being despatched by us.
6.4 All pricing displayed on the Website is for online purchases only.
6.5 You agree to pay the delivery and insurance charges specified at the time You submit Your Order.
6.6 You shall bear the goods and services tax (GST) applicable to the Goods.
7. ORDERS
7.1 You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and pressing the “Complete Order” (TO BE CHECKED WHETHER THIS APPLIES) button.
Orders will be deemed to have been received by DIRT CHEAP at the time DIRT CHEAP sends an Order confirmation or Tax Invoice to Your nominated e-mail address.
7.2 Each Order (once accepted) represents a separate Agreement incorporating the terms of that Order.
7.3 DIRT CHEAP reserves the right to not accept Orders that request commercial quantities of Goods. If DIRT CHEAP is unable to supply Your total Order this Agreement will apply to the supply of all or part of the Order.
7.4 DIRT CHEAP will use its best endeavours to supply Orders placed through the Website, however, DIRT CHEAP reserves the right to cancel any Order without notice for any reason.
7.5 In event of a cancelled Order, any payments processed by DIRT CHEAP will be promptly refunded.
7.6 Customers who wish to cancel an Order must notify DIRT CHEAP at sales@dirtcheapcameras.com.au by 9am on the next business day following the date of Order, quoting the Order reference number.
7.7 Any Order that is not cancelled in accordance with clause 7.6 will incur a restocking fee of up to 15% of the total value of the Order.
7.8 You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances DIRT CHEAP accepts no responsibility.
7.9 Please note if you don't specfy colour of Camera when placing the order in comments or if colour is a option, Dirt cheap will not be responsible for wrong choice of colour camera sent
8. PAYMENT
8.1 You may provide Your nominated credit card details during the purchase process described on the Website.
8.2 Once the Goods the subject of Your Order are received from suppliers and are ready for dispatch, DIRT CHEAP will process payment for the Goods (plus any delivery charges) once the payment has been transferred or deposited into Our bank account or by using Your nominated credit card (Visa or Mastercard).
8.3 You authorise DIRT CHEAP to debit such amount from Your nominated credit card.
8.4 If Your nominated credit card is declined by Your financial institution, DIRT CHEAP will not be able to guarantee the delivery of the Goods, and may contact You to make alternative payment and delivery arrangements.
8.5 DIRT CHEAP may decide at any time not to accept payment from You by credit card for any reason. If we decline to accept payment, we will not process the Order and may not contact You to inform You that Your Order will not be processed. We may process this Order or further Orders if You make a payment by another method that is acceptable to DIRT CHEAP.
8.6 You may also pay for any Goods the subject of an Order by Electronic Funds Transfer (EFT), money order, personal cheque, bank cheque or PayPal.
8.7 Goods that have been paid by a money order, personal or bank cheque will only be despatched when the money order or cheque has been cleared by Our bank.
9. DELIVERY, RISK AND TITLE IN THE GOODS
9.1 DIRT CHEAP will use its best endeavours to deliver the Goods to Your nominated delivery address within the time period specified at the time of placing Your Order; however, DIRT CHEAP will not be liable to You or anyone else for any losses suffered or incurred due to delay.
9.2 Subject to payment, property and risk in the Goods passes to You upon delivery of the Goods to Your nominated delivery address.
10. FAULTY OR DAMAGED GOODS
10.1 DIRT CHEAP will use its best endeavours to replace any faulty Goods, or Goods damaged prior to delivery.
10.2 Damaged or faulty Goods will be repaired, replaced or a refund or where repair or replacement of damaged or faulty Goods is not possible a full refund will be issued for the value of the damaged or faulty Goods.
10.3 You must notify Us of any damaged and faulty goods within 24 hours of accepting delivery. All damaged or faulty goods must be returned to DIRT CHEAP.
11. RETURNS
11.1 Other than in accordance with clause 10, DIRT CHEAP will only accept the return of Goods that have been supplied incorrectly, or vary from their description on the DIRT CHEAP website.
11.2 If You have a return, please refer to Our returns policy for more information.
12. INTELLECTUAL PROPERTY
12.1 All Intellectual Property in any Material on the Website is the property of DIRT CHEAP, its advertisers or third party providers.
Unless expressly authorised under this Agreement, You may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
13. INDEMNITY
13.1 You waive, release, discharge and relinquish any and all claims that You now have or may have against DIRT CHEAP which are connected with, arise out of, relate to or are incidental to the use of the Website.
13.2 You agree to indemnify DIRT CHEAP and keep Us indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expenses that may be incurred by DIRT CHEAP arising out of or in connection with the use of the Website by You or any other person using Your password as a result of any:
(a) act or omission;
(b) breach of this Agreement; or
(c) infringement of any Intellectual Property on the Website.
14. LIMITATION OF LIABILITY
14.1 To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of DIRT CHEAP (in negligence or otherwise) is limited (at the option of DIRT CHEAP) to the resupply of goods or services, or the cost of having the goods or services supplied again. DIRT CHEAP shall not be liable for any indirect or consequential loss.
14.2 Nothing in these terms and conditions is intended to limit or exclude any liability on DIRT CHEAP’ part where and to the extent that any applicable law prohibits such exclusion or limitation.
15. TERMINATION
15.1 DIRT CHEAP may terminate or suspend this Agreement at any time by sending You a notice by e-mail to Your nominated e-mail address advising You that Your Account has been terminated or suspended, such termination or suspension to be effective the day the notice is received or such later date as specified in the notice.
16. PRIVACY
16.1 DIRT CHEAP is committed to protecting the privacy of Your personal information not only because of Our legal and ethical commitment to comply with the law but because We know that You care how information about You is used and shared. We do not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this Privacy Statement.
We collect and hold the following types of personal information:
1. Information about individuals who are customers or target customers as given to Us by those individuals or obtained in the public domain from other sources such as magazines and newspapers.
2. Information about roles, means of communication with and personal attributes of officers, employees and other representatives of corporations with whom We deal, collected incidentally in the course of dealing with those corporations.
The information is held in hard copy and electronic records in data storage systems which permit lawful access only by those company officers, employees and contractors who need access to perform their functions. It is destroyed when it is no longer useful or it is unreliable and cannot be corrected.
We gather personal information about You for the purposes of:
• marketing, supplying or delivering our products to You;
• carrying out repair work which You have requested;
• improving and developing our products; and
• expanding our business.
We may, from time-to-time, employ other companies and individuals to perform functions on our behalf.
For example, We may retain a third party contractor to deal with customer enquiries, product orders and deliver Our products to You.
In these circumstances We may disclose personal information to such companies and individuals to enable them to deliver services on Our behalf.
You are able to request access to Your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988.
If You wish to access Your personal information please contact Us at sales@dirtcheapcameras.com.au .
A $15 administration fee will be charged for the retrieval of any personal information.
16.2 Any information collected about You through this web site is used exclusively for the purpose of processing orders, improving Your shopping experience, or to communicate with You regarding products and services and special promotions.
We will only collect personal information to the extent deemed reasonably necessary to serve Our legitimate business purposes.
We will store any information that You provide securely and will not sell or release it to any other business or person unless required to do so by law or any law enforcement agency of any state or the Commonwealth.
16.3 Given the nature of the internet, We cannot guarantee that any data transmission is totally secure.
Whilst We take precautions to protect information, We do not warrant and cannot ensure the security of any information You transmit to us.
You therefore transmit to this website at Your own risk. However, once we receive Your transmission, We will take reasonable steps to preserve its security.
17. GENERAL
17.1 Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
17.2 A failure or delay by DIRT CHEAP to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by DIRT CHEAP does not preclude its future exercise or the exercise of any other power or right.
17.3 This agreement is governed by and must be construed according to the laws of the State of New South Wales, Australia and You agree to submit to the exclusive jurisdiction of the courts in that State.
17.4 We may from time to time, add or remove information, products or services from this Website without notice.
17.5 We reserve the right to amend these Terms at any time without notice and We may terminate Your access to this Website at any time without notice.
Your continued use of this website following such notification will represent an agreement by You to be bound by the Terms as amended. Where Your access to this Website is terminated, all disclosure and limitations of liability set our in these Terms will survive.
