Terms & Conditions
TERMS & CONDITIONS
The “thateffect.com.au” website ("website") is operated by That Effect known as “B. R WEIR PTY. LTD.” ABN 66 164 808 780. Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below ("Terms and Conditions").
That Effect reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment constitutes your agreement to the amended Terms and Condition.
The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts. By making an on-line purchase, you accept these terms and conditions and acknowledge that you are over the age of eighteen (18) years.
Any order placed by you in the manner described on this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on this website at the time you place your order. That Effect reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. The rejection of any offer by That Effect is at the sole discretion of That Effect. Your contract with That Effect only comes into existence when That Effect forwards to you confirmation of receipt of your order and payment.
Further to the above, Specific Performance is excluded until such time as a contract does come into effect. In layman's terms, this means that you cannot force us to sell you the item you have ordered, even if you have an "order confirmation" email, because there is actually no contract in place until such time as we accept it via processing and dispatch of the goods.
Products are described generally on this web site. That Effect advises you to undertake further research into products you intend to purchase, including on the manufacturer’s website, and is not responsible for variations between product description on this site and those of the actual product. Furthermore, many manufacturers badge an identical product with more than one name, and you should be aware that we or the manufacturer may deliver to you the exact item you ordered except that it may have a different name badge than that noted on this web site.
Warranties are manufacturer's warranties. Precise details of warranties are provided in the product documentation which accompanies the product or which is available from the manufacturer prior to purchase. To the extent that this website and the manufacturer's warranty information vary, the manufacturer's information prevails.
All prices displayed on the website, including but not limited to prices of products and services and delivery and other charges, are quoted in Australian Dollars and are current at the time of issue, but may change at any time without notice and are subject to availability. Any changes to prices displayed on the website are at the sole discretion of That Effect.
Goods and Services ("GST") and Other Taxes
Prices displayed on this website are inclusive of GST applied at the rate of 10%.
Please read the Delivery Information contained in the website. The delivery times are indicative only and That Effect will not be liable for any failure to observe these delivery times. Delivery costs are indicative only (and this includes any "free delivery" or "free freight" offer), and may need to be increased for certain distant regional areas.
Any "free delivery" or "free freight" offer will only be honored at the absolute discretion of That Effect, and That Effect is under no obligation to provide free delivery merely because an order has been placed by the customer. Refer again to "orders" above. In the event that a customer is not happy to pay a suggested delivery charge for such an order, the full extent of the remedies available to a customer is the cancellation of the order and the refund of any payments made against that order.
The circumstance in which That Effect is obliged to make a Refund (if at all) is detailed in its Refunds Policy.
Risk and Title
That Effect will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.
Limitation of liability
That Effect will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if That Effect has been advised of the possibility of such damages.
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of That Effect for any breach of such term, condition or warranty shall be limited, at the option of That Effect, to any one or more of the following:
if the breach relates to goods:
- the replacement of the goods or supply of equivalent goods;
- the repair of such 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; and
if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
While the information contained in the website is believed to be accurate and current, it is provided by That Effect in good faith on an "as is" basis. That Effect, its director, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website.
To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.
The website contains links to websites not maintained, controlled or associated with That Effect and it does not make any endorsement, or any representation as to the accuracy, of information contained on those websites. That Effect will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Web Sites.
Warranties mentioned on our product pages are the warranties offered by the respective manufacturer and/or local distributor (the "Manufacturer"). The terms and conditions of those warranties can be obtained directly from the Manufacturer, and decisions about items covered, inclusions, and all other matters are at the absolute discretion of the Manufacturer.
That Effect is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. Except as permitted by the Copyright Act 1968 (Cth) no part of the website may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of That Effect.
You should not send any information or material that you consider to be confidential or proprietary, to That Effect or any other person, through this website. Any information or material sent to That Effect at, or through this website, is deemed to be not confidential. You are deemed to grant That Effect an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this website. That Effect is free to use any ideas, concepts, know-how or techniques that you send to That Effect, for any purpose.
That Effect does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. That Effect will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on That Effect, it shall be limited to the cost of re-supplying that information.
Some products have "product reviews" listed on their information pages. Reviews are only able to be placed by people who have placed orders for those items on the website. That Effect takes no responsibility for the accuracy or completeness of any such reviews, and these reviews do not reflect the views, opinions or perspectives of That Effect or its suppliers and brand partners.
That Effect reserves the right to edit reviews where the content is seen to be inaccurate, incomplete, or misleading in any way, at the absolute discretion of That Effect. This includes the right of That Effect to choose not to publish any review for any reason whatsoever.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia.
Limitations on Use
That Effect may revise or alter these terms and conditions at any time. Revisions and alterations will be posted on this website. Users are responsible for reviewing this website from time to time to ensure compliance. If That Effect makes a request to you to stop using this website or to promptly return or destroy copies of information provided on this website, you must immediately comply with that request, and confirm in writing to That Effect within five (5) business days after that request, that you have done so.