597 lines
35 KiB
Vue
597 lines
35 KiB
Vue
<template>
|
|
<SMPage class="sm-page-terms">
|
|
<template #container>
|
|
<h1>Terms and Conditions</h1>
|
|
<p>
|
|
Please read these terms carefully. By accessing or using our
|
|
website and online servers, you agree to be bound by these terms
|
|
and conditions. Do not use this site or our other online
|
|
services if you if you do not agree to all of these terms. If
|
|
you have any questions regarding the use of our site, please
|
|
contact us. These Terms and Conditions ("Terms") apply to your
|
|
access to, and use of the website (stemmechanics.com.au) and
|
|
online services (collectively, the "Sites") of STEMMechanics.
|
|
("STEMMechanics"). The Terms do not alter in any way the terms
|
|
or conditions of any other agreement you may have with
|
|
STEMMechanics, or our subsidiaries or affiliates, for products,
|
|
services or otherwise. If you are using the Sites on behalf of
|
|
any entity, you represent and declare that you are authorized to
|
|
accept these Terms on such entity's behalf and that such entity
|
|
agrees to indemnify you and STEMMechanics for its violations of
|
|
these Terms.
|
|
</p>
|
|
<h4>1. Eligibility, registration & account</h4>
|
|
<p>
|
|
You must be 18 years of age to use the Website. If you are under
|
|
18 years of age you must have the permission of your parent or
|
|
guardian to use the Site.
|
|
</p>
|
|
<p>
|
|
Until you are 18 years old, by using our online services you
|
|
certify that your parents or legal guardian has consented to
|
|
your use and agreed to these Terms and Conditions on your
|
|
behalf, and you acknowledge and agree that your use of our
|
|
online services is at their discretion. We may require your
|
|
parents or legal guardian to provide a written acknowledgement
|
|
of these Terms and Conditions on your behalf before we provide
|
|
you with part of all of our online services.
|
|
</p>
|
|
<p>
|
|
You also represent and warrant that you (a) have not previously
|
|
been suspended or removed from the Sites; (b) do not have more
|
|
than one Site account.
|
|
</p>
|
|
<p>
|
|
In consideration of your use of the Sites, you agree to (a)
|
|
provide accurate, current and complete information; (b) maintain
|
|
and promptly update your account information; (c) maintain the
|
|
security of your account credentials; (d) not share your account
|
|
credentials with others; and (e) promptly notify STEMMechanics
|
|
if you discover or otherwise suspect any security breaches
|
|
related to the Sites.
|
|
</p>
|
|
<h4>2. Ownership of site content</h4>
|
|
<p>
|
|
Unless otherwise indicated on our Sites, the Sites and all
|
|
content and materials therein, including but not limited to the
|
|
STEMMechanics logo and all designs, text, graphics, pictures,
|
|
information, data, software, sound files, other files and the
|
|
selection and arrangement thereof (collectively, "Site Content")
|
|
are the proprietary property of STEMMechanics or our affiliates,
|
|
licensors, suppliers or users and are protected by international
|
|
copyright laws.
|
|
</p>
|
|
<p>
|
|
You are granted a limited, nonexclusive, non-sublicensable
|
|
license to access and use the Sites and electronically copy
|
|
(except where prohibited without a license) and print hard copy
|
|
portions of the Site Content for your informational,
|
|
non-commercial and personal use. Such license is subject to
|
|
these Terms and excludes: (a) any resale of the Sites or Site
|
|
Content; (b) the collection and use of any product listings,
|
|
pictures or descriptions; (c) the distribution, public
|
|
performance or public display of any Site Content; (d) modifying
|
|
or otherwise making any derivative uses of the Sites and the
|
|
Site Content, or any portion thereof; (e) use of any data
|
|
mining, robots or similar data gathering or extraction methods;
|
|
(f) downloading (other than page caching) of any portion of the
|
|
Sites, the Site Content or any information contained therein,
|
|
except as expressly permitted on the Sites or pursuant to
|
|
separate terms; or (g) any use of the Sites or the Site Content
|
|
other than for its intended purpose. Any other use of the Sites
|
|
or the Site Content, without the prior written permission of
|
|
STEMMechanics, is strictly prohibited and will terminate the
|
|
license granted herein. Unless explicitly stated herein, nothing
|
|
in these Terms shall be construed as conferring any license to
|
|
intellectual property rights, whether by estoppel, implication
|
|
or otherwise. This license is revocable at any time.
|
|
</p>
|
|
<h4>3. Hyperlinks</h4>
|
|
<p>
|
|
You are granted a limited, non-exclusive right to create a text
|
|
hyperlink to the Sites for non-commercial purposes, provided
|
|
such link does not portray STEMMechanics or any of our products
|
|
and services in a false, misleading, derogatory or otherwise
|
|
defamatory manner and provided further that the linking site
|
|
does not contain any adult or illegal material or any material
|
|
that is offensive, harassing or otherwise objectionable. This
|
|
limited right may be revoked at any time. You may not use a
|
|
STEMMechanics logo or other proprietary graphic of STEMMechanics
|
|
to link to the Sites without the express written permission of
|
|
STEMMechanics. Further, you may not use, frame or utilize
|
|
framing techniques to enclose any STEMMechanics logo or other
|
|
proprietary information, including the images found at the
|
|
Sites, the content of any text or the layout/design of any page
|
|
or form contained on a page on the Sites without STEMMechanics'
|
|
express written consent.
|
|
</p>
|
|
<p>
|
|
STEMMechanics makes no claim or representation regarding the
|
|
quality, content, nature or reliability of third-party websites
|
|
accessible by hyperlink from the Sites, or websites linking to
|
|
the Sites. Such sites are not under the control of STEMMechanics
|
|
and STEMMechanics provides these links to you only as a
|
|
convenience. The inclusion of any link does not imply
|
|
affiliation, endorsement or adoption by STEMMechanics of any
|
|
site or any information contained therein. When you leave our
|
|
Sites, you should be aware that our terms and policies no longer
|
|
govern. You should review the applicable terms and policies,
|
|
including privacy and data gathering practices, of any site to
|
|
which you navigate from the Sites.
|
|
</p>
|
|
<h4>4. User content</h4>
|
|
<p>
|
|
The Sites may include discussion blogs, profiles, product
|
|
reviews or other interactive features or areas (collectively,
|
|
"Interactive Areas"), in which you or other users create, post,
|
|
transmit or store any content, such as text, photos, video,
|
|
graphics or code on the Sites ("User Content"). User Content is
|
|
publicly-viewable and includes your profile information and any
|
|
content you post pursuant to your profile, but it does not
|
|
include your stemmechanics.com.au account information (also
|
|
known as "Your STEMMechanics Account" or "Your Account") or
|
|
information you submit in order to make a purchase. You agree
|
|
that you are solely responsible for your User Content and for
|
|
your use of such Interactive Areas, and that you use the
|
|
Interactive Areas at your own risk.
|
|
</p>
|
|
<p>
|
|
By using any Interactive Areas, you agree not to post, upload
|
|
to, transmit, distribute, store, create or otherwise publish or
|
|
send through the Sites any of the following:
|
|
</p>
|
|
<ul>
|
|
<li>
|
|
User Content that is unlawful, defamatory, obscene,
|
|
pornographic, indecent, lewd, suggestive, harassing,
|
|
threatening, abusive, inflammatory, fraudulent or otherwise
|
|
objectionable;
|
|
</li>
|
|
<li>
|
|
User Content that would constitute, encourage or provide
|
|
instructions for a criminal offense, violate the rights of
|
|
any party or that would otherwise create liability or
|
|
violate any local, state, national or international law;
|
|
</li>
|
|
<li>
|
|
User Content that displays, describes or encourages usage of
|
|
any product we sell in a manner that could be offensive,
|
|
inappropriate or harmful to STEMMechanics or any user or
|
|
consumer or that is contrary to any instructions or warnings
|
|
relating to the product (safety concerns can be reported
|
|
here);
|
|
</li>
|
|
<li>
|
|
User Content that may impinge upon or violate the publicity,
|
|
privacy or data protection rights of others, including
|
|
pictures, videos, images or information about another
|
|
individual where you have not obtained such individual's
|
|
consent;
|
|
</li>
|
|
<li>
|
|
User Content that makes false or misleading statements,
|
|
claims or depictions about a person, company, product or
|
|
service;
|
|
</li>
|
|
<li>
|
|
User Content that does not clearly and prominently disclose
|
|
any material connections you may have to STEMMechanics or
|
|
third-party brands or sellers (for example, if you receive
|
|
free products or services or are a paid blogger or
|
|
employee);
|
|
</li>
|
|
<li>
|
|
User Content that may infringe any patent, trademark, trade
|
|
secret, copyright or other intellectual or proprietary right
|
|
of any party;
|
|
</li>
|
|
<li>
|
|
User Content that impersonates any person or entity or
|
|
otherwise misrepresents your affiliation with a person or
|
|
entity;
|
|
</li>
|
|
<li>
|
|
Viruses, malware of any kind, corrupted data or other
|
|
harmful, disruptive or destructive files or code; and
|
|
</li>
|
|
<li>
|
|
User Content that, in the sole judgment of STEMMechanics,
|
|
restricts or inhibits any other person from using or
|
|
enjoying the Sites or which may expose STEMMechanics or our
|
|
users to any harm or liability of any type.
|
|
</li>
|
|
</ul>
|
|
<p>
|
|
Enforcement of the Terms, however, is solely in our discretion
|
|
and the absence of enforcement of these Terms in some instances
|
|
does not constitute a waiver of our right to enforce the Terms
|
|
in other instances. In addition, these Terms do not create any
|
|
private right of action on the part of any third party or any
|
|
reasonable expectation or promise that the Sites will not
|
|
contain any content that is prohibited by such Terms. Although
|
|
STEMMechanics has no obligation to screen, edit or monitor any
|
|
of the User Content posted on the Sites, STEMMechanics reserves
|
|
the right, and has absolute discretion, to remove, screen or
|
|
edit any User Content posted or stored on the Sites at any time
|
|
and for any reason without notice, and you are solely
|
|
responsible for creating backup copies and replacing any User
|
|
Content you post or store on the Sites at your sole cost and
|
|
expense.
|
|
</p>
|
|
<p>
|
|
Any use of the Sites in violation of these Terms may result in,
|
|
among other things, termination or suspension of your rights to
|
|
use the Sites.
|
|
</p>
|
|
<h4>5. Rights in user content</h4>
|
|
<p>
|
|
Except as otherwise provided herein, on the Sites or in a
|
|
separate agreement with us (such as the rules of a STEMMechanics
|
|
photo sharing contest), STEMMechanics claims no ownership or
|
|
control over any User Content. However, by submitting or posting
|
|
User Content on the Sites, you grant STEMMechanics and our
|
|
subsidiaries and affiliates a nonexclusive, royalty-free,
|
|
world-wide, perpetual, irrevocable, transferable, and fully
|
|
sublicensable right to use, reproduce, modify, adapt, publish,
|
|
translate, create derivative works from, distribute, perform and
|
|
display such User Content on the Sites and on third-party sites
|
|
and in all other media or formats, whether currently known or
|
|
hereafter developed, for any purpose and without any
|
|
compensation to you. You also grant users of the Sites the right
|
|
to access your User Content in connection with their use of the
|
|
Sites. If you choose to remove your User Content, the license
|
|
granted above will automatically expire; however, you
|
|
acknowledge that there may be exceptions (for example, you
|
|
cannot delete a vote you submitted that has already been counted
|
|
or your purchase history). In addition, we may retain archived
|
|
copies of your User Content and cached copies of your User
|
|
Content may still be available for some period of time.
|
|
</p>
|
|
<p>
|
|
By posting User Content to the Sites, you represent and warrant
|
|
that (a) such User Content is non-confidential; (b) you own and
|
|
control all of the rights, title and interest in and to the User
|
|
Content or you otherwise have all necessary rights to post and
|
|
use such User Content to the Sites and to grant the rights to
|
|
STEMMechanics that you grant in these Terms; (c) the User
|
|
Content is accurate and not misleading or harmful in any manner;
|
|
and (d) the User Content, and your use and posting thereof in
|
|
connection with the Sites, do not and will not violate these
|
|
Terms, our Site Rules, any other applicable STEMMechanics terms,
|
|
guidelines or policies or any applicable law, rule or
|
|
regulation.
|
|
</p>
|
|
<h4>6. Feedback</h4>
|
|
<p>
|
|
Separate and apart from User Content, you have the ability to
|
|
submit questions, comments suggestions, reviews, ideas, plans,
|
|
designs, notes, proposals, drawings, original or creative
|
|
materials and other information regarding the Sites,
|
|
STEMMechanics and our products or services (collectively
|
|
"Feedback"). You agree that Feedback is non-confidential and
|
|
shall become the sole property of STEMMechanics. STEMMechanics
|
|
shall own exclusive rights, including all intellectual property
|
|
rights, in and to such Feedback and shall be entitled to the
|
|
unrestricted use and dissemination of the Feedback for any
|
|
purpose, commercial or otherwise, without acknowledgment or
|
|
compensation to you. Do not send us Feedback if you expect to be
|
|
paid or want to continue to own or claim rights in them; your
|
|
idea might be great, but we may have already had the same or a
|
|
similar idea and we do not want disputes.
|
|
</p>
|
|
<h4>7. User conduct</h4>
|
|
<p>
|
|
You agree that you will not violate any law, contract or
|
|
intellectual property or other third party right or commit a
|
|
tort and that you are solely responsible for your conduct while
|
|
accessing or using the Sites. You also agree to abide by our
|
|
Site Rules and that you will not:
|
|
</p>
|
|
<ul>
|
|
<li>
|
|
Use the Sites in any unlawful manner or in any manner that
|
|
could damage, disable, overburden or impair the Sites;
|
|
</li>
|
|
<li>
|
|
Send unsolicited or unauthorized advertising, solicitations,
|
|
promotional materials, spam, junk mail, chain letters and
|
|
pyramid schemes, or harvest or collect email addresses or
|
|
other contact information of other users from the Sites for
|
|
the purposes of sending spam;
|
|
</li>
|
|
<li>
|
|
Use any robot, spider, crawler, scraper or other automated
|
|
means or interface not provided by us to access the Sites or
|
|
to extract data;
|
|
</li>
|
|
<li>
|
|
Reverse engineer any aspect of the Sites or do anything that
|
|
might discover source code or bypass or circumvent measures
|
|
employed to prevent or limit access to any area, content or
|
|
code of the Sites (except as otherwise expressly permitted
|
|
by law);
|
|
</li>
|
|
<li>
|
|
Solicit personal information from anyone under 18 or solicit
|
|
passwords or personally identifying information for
|
|
commercial or unlawful purposes;
|
|
</li>
|
|
<li>
|
|
Use or attempt to use another's account without
|
|
authorization from STEMMechanics;
|
|
</li>
|
|
<li>
|
|
Attempt to circumvent any content filtering techniques we
|
|
employ or access any service or area of the Sites that you
|
|
are not authorized to access;
|
|
</li>
|
|
<li>
|
|
Engage in any harassing, intimidating, predatory or stalking
|
|
conduct;
|
|
</li>
|
|
<li>
|
|
Develop any third-party applications that interact with User
|
|
Content and our Sites;
|
|
</li>
|
|
<li>
|
|
Interfere with or damage the operation of the Sites or
|
|
introduce to the Sites or its users any viruses, malware,
|
|
corrupted data or other harmful, disruptive or destructive
|
|
files or code; or
|
|
</li>
|
|
<li>
|
|
"Frame" our Sites or otherwise make it look like you have a
|
|
relationship to us or that we have endorsed you for any
|
|
purpose.
|
|
</li>
|
|
</ul>
|
|
<p>
|
|
In addition to the above rules, you also agree to abide by any
|
|
additional STEMMechanics rules in realtion to any organised
|
|
Forum, Chat, Game and/or Realm Servers. You can view the
|
|
collection of additional rules at
|
|
<router-link :to="{ name: 'rules' }"
|
|
>stemmechanics.com.au/rules</router-link
|
|
>
|
|
</p>
|
|
<p>
|
|
STEMMechanics has no obligation to monitor any user conduct on
|
|
the Sites, and STEMMechanics reserves the right and has absolute
|
|
discretion to monitor any user conduct on the Sites at any time
|
|
and for any reason without notice. STEMMechanics does not
|
|
approve or endorse any user-posted meetings or events referenced
|
|
on the Sites and STEMMechanics recommends exercising caution
|
|
before contacting or meeting anyone (online or offline) that is
|
|
unfamiliar to you.
|
|
</p>
|
|
<h4>8. No third-party beneficiaries</h4>
|
|
<p>
|
|
These Terms are for the benefit of, and will be enforceable by,
|
|
the parties only. These Terms are not intended to confer any
|
|
right or benefit on any third party or to create any obligations
|
|
or liability of a party to any such third party.
|
|
</p>
|
|
<h4>9. Indemnification</h4>
|
|
<p>
|
|
To the fullest extent permitted by applicable law, you agree to
|
|
defend, indemnify and hold harmless STEMMechanics and our
|
|
subsidiaries and affiliates, and our respective, directors,
|
|
employees, independent contractors, service providers and
|
|
consultants, from and against any claims, damages, costs,
|
|
liabilities and expenses (collectively, "Claims") arising out of
|
|
or related to (a) your access to and use or misuse of the Sites;
|
|
(b) any User Content you post, upload, use, distribute, store or
|
|
otherwise transmit on or through the Sites; (c) any Feedback you
|
|
provide; (d) your violation of these Terms; and (e) your
|
|
violation of any rights of another.
|
|
</p>
|
|
<h4>10. Disclaimers</h4>
|
|
<p>
|
|
Except as expressly provided, the Sites, Site Content, User
|
|
Content and services provided on or in connection with the Sites
|
|
(collectively, "Complete Site") are provided on an "AS IS" and
|
|
"WITH ALL FAULTS" basis without representations, warranties or
|
|
conditions of any kind, either express or implied. STEMMECHANICS
|
|
DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND
|
|
DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED
|
|
TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF
|
|
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE,
|
|
RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE
|
|
USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. STEMMechanics
|
|
does not represent or warrant that the Complete Site is
|
|
accurate, complete, reliable, current or error-free.
|
|
STEMMechanics does not represent or warrant that the Sites or
|
|
our servers are free of viruses or other harmful components.
|
|
</p>
|
|
<p>
|
|
The Site Content, including, but not limited to, STEMMechanics
|
|
videos and "Expert Advice" articles, is general in nature and
|
|
must be used with an appreciation for the differing capabilities
|
|
among individual users and the differing demands placed on
|
|
equipment and techniques by the wide variety of circumstances
|
|
that can be encountered in outdoor recreation. The information
|
|
is not a substitute for in-person guidance by a qualified
|
|
instructor.
|
|
</p>
|
|
<h4>11. Liability</h4>
|
|
<p>
|
|
To the fullest extent permitted by applicable law, in no event
|
|
shall the STEMMechanics parties be liable for any special,
|
|
indirect, incidental or consequential damages, including, but
|
|
not limited to, loss of use, loss of profits or loss of data,
|
|
whether in an action in contract, tort (including, but not
|
|
limited to, negligence) or otherwise, arising out of or in any
|
|
way connected to the access or use of the complete site, your
|
|
online or offline interactions with other site users, or
|
|
otherwise related to these terms, including but not limited to
|
|
any damages that result from events beyond our reasonable
|
|
control, such as interruptions to all or portions of the
|
|
complete site, deletion of files or email, errors or omissions,
|
|
defects, viruses, delays in operation or transmission or failure
|
|
of performance, whether or not resulting from acts of god,
|
|
communications failure, theft, destruction or unauthorized
|
|
access to an STEMMechanics party's records, programs or
|
|
services.
|
|
</p>
|
|
<h4>12. Modifications to site</h4>
|
|
<p>
|
|
STEMMechanics reserves the right to modify or discontinue,
|
|
temporarily or permanently, the Sites or any features or
|
|
portions thereof without prior notice.
|
|
</p>
|
|
<h4>13. Termination</h4>
|
|
<p>
|
|
You may terminate the Terms at any time by closing your account,
|
|
discontinuing your use of the Sites and providing STEMMechanics
|
|
with a notice of termination. STEMMechanics reserves the right,
|
|
without notice and in our sole discretion, to terminate your
|
|
right to use the Sites, or any portion of the Sites, and to
|
|
block or prevent your future access to and use of the Sites or
|
|
any portion of the Sites.
|
|
</p>
|
|
<h4>14. Severability</h4>
|
|
<p>
|
|
If any provision of these Terms shall be deemed unlawful, void
|
|
or for any reason unenforceable, then that provision shall be
|
|
deemed severable from these Terms and shall not affect the
|
|
validity and enforceability of any remaining provisions.
|
|
</p>
|
|
<h4>15. Ordering online</h4>
|
|
<p>
|
|
Upon completing your order and submitting it through the
|
|
checkout system, an order reference number will be issued to you
|
|
via a confirmation email. We will not process your order until
|
|
it has passed our internal validation procedures, for the
|
|
purpose of preventing credit card or payment fraud. Upon
|
|
processing your order and receiving payment we will send you a
|
|
confirmation email which is your Tax Invoice. We reserve the
|
|
right to refuse service or supply of the products or to
|
|
terminate the contract and/or your account at our sole
|
|
discretion. If we cannot process your order after receiving
|
|
payment, we will contact you using the details entered at the
|
|
checkout. By placing an order with stemmechanics.com.au, you
|
|
declare that will not be on-selling the product(s) to another
|
|
person(s) for financial gain.
|
|
</p>
|
|
<p>
|
|
In the instance that you need to cancel or edit your order of a
|
|
physical item; if you fail to notify us before your order has
|
|
been dispatched, you can incur a return to sender delivery fee
|
|
of $25. To avoid any fees associated when cancelling/editing
|
|
your order, you'll need to notify receive confirmation from a
|
|
STEMMechanics customer support team member before the order has
|
|
been dispatched from our premises.
|
|
</p>
|
|
<p>
|
|
Digital items cannot be cancelled or edited after receiving
|
|
payment.
|
|
</p>
|
|
<h4>16. Pricing & availability</h4>
|
|
<p>
|
|
All prices are shown in Australia dollars (AUD). All items are
|
|
subject to availability and we reserve the right to impose
|
|
quantity limits on any order, to reject all or part of an order
|
|
and to discontinue products or services without notice, even if
|
|
you have already placed your order. All prices are subject to
|
|
change without notice. Prices displayed on the Sites may vary
|
|
from those in the store or from store-advertised prices. All
|
|
purchases on applicable products include GST at the rate of 10%.
|
|
</p>
|
|
<h4>17. Errors</h4>
|
|
<p>
|
|
We attempt to be as accurate as possible and eliminate errors on
|
|
the Sites; however, we do not warrant that any product, service,
|
|
description, photograph, pricing or other information is
|
|
accurate, complete, reliable, current or error-free. In the
|
|
event of an error, whether on the Sites, in an order
|
|
confirmation, in processing an order, delivering a product or
|
|
service or otherwise, we reserve the right to correct such error
|
|
and revise your order accordingly if necessary (including
|
|
charging the correct price) or to cancel the order and refund
|
|
any amount charged. Your sole remedy in the event of such error
|
|
is to cancel your order and obtain a refund.
|
|
</p>
|
|
<h4>18. Out of stock / pre-order items</h4>
|
|
<p>
|
|
If the colour or size you want is not listed in the "Choose Your
|
|
Colour/Size" drop-down box on the Product Information page, it
|
|
is not then available for ordering. Please check back later. If
|
|
the colour or size you want has an Out of Stock label, it is on
|
|
backorder and available for pre-order. Sometimes we will not
|
|
know in advance that product is unavailable, so when you place
|
|
items in your Cart you will be asked if you would like to
|
|
pre-order them. If you indicate yes, the item will be sent to
|
|
you once it becomes available. Note that some items may be
|
|
backordered or unavailable even if the Sites indicate that they
|
|
are in-stock, and adding an item to your Cart does not guarantee
|
|
the availability of that item. If you have items on pre-order
|
|
that you would like to cancel, please contact us.
|
|
</p>
|
|
<h4>
|
|
19. Agreement to Conduct Transactions Electronically; Recording;
|
|
Copies
|
|
</h4>
|
|
<p>
|
|
You agree that all of your transactions with or through the
|
|
Sites may, at our option, be conducted electronically from start
|
|
to finish, and that any oral conversations may be recorded. If
|
|
we decide to proceed non-electronically, those transactions will
|
|
still be governed by the remainder of these Terms unless you
|
|
enter into different terms provided by us. You are responsible
|
|
to print or make an electronic a copy of these Terms and any
|
|
other contract or disclosure that we are required to provide to
|
|
you.
|
|
</p>
|
|
<h4>20. Payment</h4>
|
|
<p>
|
|
We currently accept Visa and Mastercard online. Only valid
|
|
credit cards or other payment method acceptable to us may be
|
|
used and all refunds will be credited to the same card or, in
|
|
our discretion, other method. By submitting your order, you
|
|
represent and declare that you are authorized to use the
|
|
designated card or method and authorize us to charge your order
|
|
(including taxes, delivery costs, handling and any other amounts
|
|
described on the Sites) to that card or other method. If the
|
|
card (or other method) cannot be verified, is invalid, or is not
|
|
otherwise acceptable, your order may be suspended or cancelled
|
|
automatically.
|
|
</p>
|
|
<h4>21. Third-party sellers / on-sellers (buying & selling)</h4>
|
|
<p>
|
|
You may not place orders with the intention to immediately
|
|
on-forward the products to another person in a business
|
|
transaction (via marketplaces such as eBay etc), without the
|
|
express written permission of STEMMechanics.
|
|
</p>
|
|
<p>
|
|
In the instance that you, a customer who has received a
|
|
STEMMechanics order via an on-forwarder, then you forfeit your
|
|
right to make; a) a warranty claim or b) refund or exchange with
|
|
STEMMechanics. As per Australian Consumer Law or Consumer
|
|
Guarantee, the reseller who has conducted the transaction must
|
|
address the warranty and refunds directly with the manufacturer
|
|
at their own cost and loss.
|
|
</p>
|
|
<p>
|
|
If a reseller who has conducted the transaction is requesting
|
|
that STEMMechanics send the product directly to the customer
|
|
then they are engaging in Misleading Breach of the Law. The two
|
|
laws are: Section 18 of the act which relates to Passing Off,
|
|
and Trading on the Goodwill of Another Business - and, section
|
|
29 1 G which relates to Affiliation (misleading the customer
|
|
that the seller works for the Retailer, in this case
|
|
STEMMechanics). This can be made obvious by the reseller's
|
|
customer receiving a Tax Invoice for the products with
|
|
STEMMechanics letterhead and other documentation supplied by
|
|
STEMMechanics Outdoors, misleading the customer to think they
|
|
are buying from a reputable store instead of a reseller, often
|
|
just a consumer. Exceptions to this would be if the reseller has
|
|
an ABN or ACN that relates solely and specifically to reselling
|
|
products purchased from a Retailer, to their customer base. They
|
|
will still be responsible for warranty and after sales service
|
|
but this is allowed under the Law.
|
|
</p>
|
|
</template>
|
|
</SMPage>
|
|
</template>
|