1.1 This Video Dynamics site at www.videodynamics.com.au (the “Site”), is a shopping website where you can browse, select and order products from Video Dynamics Australia Pty Ltd ACN: 607 272 417 (“Video Dynamics Australia”, “us” or “we”).
1.2 Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions. You agree to be bound by, and comply with, these terms and conditions.
1.3 You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
1.4 You must establish an online account to purchase Products on the Site. You agree to:
1.4.1 Keep your user name and password confidential:
1.4.2 Immediately inform us if your online account has been used in an unauthorised manner;
1.4.3 Provide us with current, complete and accurate details when asked to do so:
1.4.4 Release and indemnify us in respect of any authorised or unauthorised use of your account.
Placing an order for products
2.1 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
2.2 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price displayed (including any delivery and other charges and taxes which may apply) at the time you place the order.
2.3 Where the requested Product is not available or if there is an error in the price or the product description posted on the Site, we may reject your order. If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order. We will not be liable for any misdescription of any Product or price posted on the Site.
2.4 Each order placed for a Product through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Product to you in accordance with these terms and conditions.
2.5 You must pay for your order in full upon placing it, by way of credit card acceptable to us. You authorise us to debit the amount that is payable for an accepted order from your nominated credit card, including any fees for using your credit card. You may also pay by electronic funds transfer to our bank account.
2.6 If we are unable to successfully process your credit card for your order that is accepted by us, then we may cancel your order.
2.7 Products will not be dispatched until payment is cleared.
Delivery of products
3.1 We will only deliver Products ordered through the Site to a location where we or our supplier provide delivery services.
3.2 We recommend that you be present to accept the delivery of your order.
3.3 We may require the person accepting the delivery of your order to provide us with proof of that person’s identity including photographic identification.
3.4 You acknowledge and agree that any person at the delivery address nominated by you (“Delivery Address”), who receives the Products, is authorised by you to receive your order.
3.5 We will endeavour to deliver the Products to the Delivery Address within the time period specified at the time of placing your order, however we will not be liable for any loss or damage incurred as a result of any delay.
Risk and title
4.1 Risk and title to the Products passes to you on the date and time of delivery to the Delivery Address.
Cancelling an order
5.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:-
5.1.1 the Products in that order are not available; or
5.1.2 there is an error in the price or the Product description posted on the Site for the Product in that order;
5.1.3 we reasonably believe your order has been placed in breach of these terms and conditions.
5.3 If we cancel your order then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
5.4 Once you have placed an order on the Site, then you may not cancel your order.
Fees and charges
6.1 We will charge you, and you agree to pay, the purchase price of each Product that is ordered, any delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
6.2 All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
6.3 The purchase price of each Product is shown on the Site at the time you place your order.
6.4 Prices for Products may change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions once we have accepted your order, we will not change any prices that apply to the Products in that order.
6.5 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
6.6 We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order.
7.1 You must check any Product delivered to you to determine if it is faulty or damaged. If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us immediately. If you notice damage or fault with a Product after delivery, you should notify us within seven (7) days of delivery. If you notify us within seven (7) days, you may return the product to us in accordance with this clause. Any transport costs shall be borne by you.
7.2 You may not return a Product because you have misread or misunderstood the Product description.
7.2 You may not return a Product to us simply because you change your mind.
8.1 Subject to clause 8.2, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of these terms and conditions agreement. You acknowledge we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
8.2 To the extent permitted by law, our liability will be limited to one of the following remedies (at our option):
the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
8.3 Our liability to you for loss or damage of any kind is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
8.4 We will not be responsible for any delay or failure to comply with these terms and conditions if the delay or failure is the result of any matter beyond our control.
8.5 Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
9.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions.
9.2 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
Changes to these terms and conditions
10.1 For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
10.2 We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.
11.1 We will collect your personal information through your use of the Site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:
o for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the Site;
o with, to and from third parties who provide services to us in relation to online shopping. These may include mailing houses, call centres, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions; and
o for other purposes to which you consent to (either express or inferred consent).
11.2 We may transfer your personal information to others in countries outside Australia. We will only do this within the scope of clause 11.1.
11.3 You may access your personal information by logging into your registered account or by contacting us.
12.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
12.2 This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
12.3 A reference to a party includes its successors and assigns.
Definitions In these terms:
Product means each good or service that is advertised on the Site.