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Terms and Conditions

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are 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.

About These Terms and Conditions

In these Terms and Conditions:

  • "We", and "Us" and “Stormtech_Australia” mean Stormtech_Australia.com.au which is fully owned and operated by Epicentre Trading Pty Ltd and "You" means you the customer.
  • “Products” means goods sold by Stormtech_Australia on this website.
  • “Price” means the price at which the Products are sold on this web site.
  • “Order” means an order for Products on this web site.
  • “Recommended Retail Price” means a price for the Products for comparison purposes, as determined by the "Prices" clause of these Terms and Conditions.

These Terms and Conditions, together with the Australian Consumer Law contained within Schedule 2 to the Competition and Consumer Act 2010 (Australian Consumer Law), constitute the entire Contract between Stormtech_Australia and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.

Australia Sales Only

We only sell and ship Products within Australia. We will not make deliveries outside of Australia.

Copyright/Trademark Information

This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2017 Stormtech_Australia. All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of Stormtech_Australia, Epicentre Trading Pty Ltd or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical or technical errors.

Colours

We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Correction of Errors and Inaccuracies; Limitations on Quantity

Whilst Stormtech_Australia makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the website at any time (including after you have submitted your order). If this affects an order you have placed we will contact you to advise of the change and give you the option of a refund or to proceed with the order as amended. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.

Legal Capacity to Transact

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with Stormtech_Australia. Should Stormtech_Australia suffer any damage or other losses as a result of a transaction entered into by a minor, Stormtech_Australia reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Stormtech_Australia.

Placing Your Order

You may place an Order by adding items to ‘My Cart’ on the Stormtech_Australia website and clicking the "Check Out" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Stormtech_Australia website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any products, however Stormtech_Australia will make every effort to supply products to you. We will notify you that your order is being processed by sending you an Order Confirmation via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Stormtech_Australia and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when your order status moves to dispatched in the My Account / My Orders Section. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

Payment Methods and Processing

Stormtech_Australia uses a 3rd Party to provide a secure environment for the authorisation of credit card and charge card transactions. Confidential information including card details are encrypted using industry standard SSL 128-bit encryption technology.

GST

In this clause:

“GST” means GST within the meaning of A New Tax System (Goods and Services) Act 1999 (Cth)

Subject to this clause, if GST is payable in respect of any supply made to you by Stormtech_Australia, an amount equal to the GST payable (at the current prevailing rate) will be included as part of the price at which the product is sold on this web site.

Prices

Stormtech_Australia will use its best endeavours to list Products with the most competitive prices. Stormtech_Australia reserves the right to change prices for Products displayed on the Stormtech_Australia web site at any time.

Supply of Your Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will confirm shipment via the My Account/My Orders section including a tracking number for each parcel.

Delivery of Your Products

As we source products from Canada, delivery times will vary. We will use our best efforts to ensure your order arrives as soon as possible after the order. Delivery will be made via a number of partners and the estimated delivery times will be indicated according to the dispatch location. We use the best possible estimated dates given the information we have been provided by our suppliers and partners, however many factors are outside of our control and we cannot guarantee delivery within this time frame. Individual order status can be tracked in the My Account/My Orders section. We charge shipping and handling for each order unless otherwise stated on the website. Due to the nature of our business, we may consolidate orders where possible. For these orders shipping and handling charges will remain unaltered. Title and risk of loss to all products will pass to you on delivery unless otherwise specified.

Authority To Leave

By selecting No and clicking Accept on our Signature on Delivery option you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received. Selection of Authority to Leave is deemed by our couriers as a signature from the recipient.

Stormtech_Australia and couriers associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority To Leave delivery method. You agree to release Stormtech_Australia from and against any and all claims, demands, liabilities, losses, costs and expenses if Authority To Leave is selected.

Should the courier be unable to leave the parcel or deem the location to be an unsafe area to leave the parcel or your instruction text is unclear, the courier may leave an attempted delivery card and return the parcel to their depot.

Returns Policy

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are 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.

Please see our Returns Policy on our website for further details.

Express Warranties

The Australian Consumer Law provides that items which we supply come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are 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.

Stormtech offer their own additional 3 year warranty and this applies strictly in addition to your rights under the Australian Consumer Law. Please contact our customer service team who will assist you in obtaining a remedy for your product.

Our liability to you for loss or damage of any kind arising out of this agreement or in connections with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability if in contract, tort (including negligence), under any statue or otherwise.

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Stormtech_Australia. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Stormtech_Australia reserves the right to change the Terms and Conditions of sale at any time. No Stormtech_Australia employee or agent has the authority to vary any of the Terms and Conditions governing any order.

Miscellaneous

These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Stormtech_Australia. These Terms and Conditions (including all of the policies and other Agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Stormtech_Australia are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

Force Majeure

Stormtech_Australia shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Stormtech_Australia, and Stormtech_Australia shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.