In these terms and conditions, “we” “us” “our” and “HCC” refers to High Class Communications Pty Ltd of 35 Kembla Street, Cheltenham, VIC 3192 Australia.
These Terms and Conditions regulate the business relationship between you and us. By using our Website, including purchasing any of our products through our Website, you agree to be bound by the following Terms and Conditions. If you do not agree to these Terms and Conditions, then you should not review information or purchase goods or products featured on our Website.
We reserve the right to amend these Terms and Conditions at any time without specific notice to you and your use of the Website following any amendments will represent your agreement to be bound by these Terms and Conditions as amended. We therefore recommend that each time you access our Website, you read these Terms and Conditions.
In these Terms:
|”Comments”||means any comment, feedback, idea, suggestion, review, exhibit, publish, post content and/or other material posted on to our Website.|
|”Customer”||terms “you” “your” “user” “Purchaser” “Reseller” and “Customer” means any person, business or company who acquires products from HCC.|
|“Products”||means all goods and/or services we sell to the Customer.|
|“Content”||means any information and/or data in any form published on Our Website by us or any third party with our consent.|
|“Website”||Terms “website” “site” and “Our Website” means any website and all web pages owned, operated and controlled by HCC.|
|“Carrier”||means any person or business contracted by us to carry Goods from us to you.|
- As a Registered User, you agree to ensure that your registration details are true and accurate at all times and undertake to update your registration details from time to time when they change.
- On registration, we provide you with a password. You agree to pay for our services as set out on our Website upon becoming a Registered User or alternatively by submitting orders through the Website.
- We reserve the right to terminate your registration at any time if you breach these terms and conditions.
- Our services are intended to be used by Guests and Registered Users within Australia only. Some functionality of the Website is only available to Registered Users.
Become a Reseller
- To join our Reseller Network, applicants will need to complete New Reseller Application Form.
- Our team will thoroughly review and verify all information provided making sure that applicant qualifies to join our Reseller Network. Please visit our Reseller page for full details.
- We will endeavour to confirm the status of your application via email within 48 hours.
- HCC reserves the right to decline any application to join our Reseller Network at our absolute discretion.
Authorised Reseller Website Access
- You agree to ensure that your registration details are true and accurate always and you undertake to update your details from time to time when they change. If you unable to update them personally for any reason, you will need to contact us to do update them on your behalf.
- On completion of the New Reseller Application Form, you will enter a password of your choosing. If you are unable to remember, or have lost, your password, you will be able to reset and change it via the Lost your password link.
- You are solely responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account. You must not disclose your password to any person who is not authorised to use the password on your behalf.
- You agree not to challenge the validity or enforceability of any order made via our Website with your password. You agree to accept responsibility for all activities that occur under your account or password. We strongly recommend that you change your password periodically, and change it immediately when you have reason to believe that your password has been compromised.
Prices and Payment
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our prices are current and up to date.
- We reserve the right to amend our prices at any time without notice. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- On any displayed or quoted prices, we are unable to provide quotation validity and the price quote is only valid at that time and may change at any time. We attempt to keep prices as consistent as possible but prices may be effected by fluctuations in the Australian Current which are outside of our control.
- If any Products you order are not in stock and you wish to place them on backorder for when they become available, we require payment for the full order including items on backorder. Unless payment for backordered Products is received, we cannot guarantee to supply those Products when they come back into stock. All prepaid backordered Products will be fulfilled prior to other orders.
- The prices of Products listed on the Website do not include the shipping charges, which will be charged at the rates applicable to the Product at the date order is placed. Please visit the Shipping information page for further details.
- If, by mistake, we have under quoted the price of any Product, we will not be liable to supply that Product to you at the under quoted price, providing we notify you before we despatch the Product to you.
- Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollars will be borne by you.
- If we owe you money for any reason at all, we will return the money to you in the same form as we received it as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
- We strive to ensure that information, specifications, and any other content on our Website in relation to all our Products are regularly updated and presented as accurately as possible, however we do not represent or warrant that any/or all this information, specifications, and any other content is accurate, complete or current. We reserve the right to change any content and information and/or correct any error or omission at our absolute discretion without notice.
- Images and pictures have been provided for illustrative purposes only and we do not guarantee that any image reproduces the Product depicted in true colour nor that any given image will reflect or portray the full design or options relating to that Product. Any purchasing decision should be made based on the product descriptions for that Product rather than the images depicting that Product.
- We supply and despatch our products to customers within Australia only.
- We strongly encourage you to place all orders using our Website secure checkout process. This insures that you have an opportunity to check all information carefully and to make any required changes prior to order submission.
- Orders may also be placed by email, fax or telephone; however, utilising any of those methods will require having your order processed by our team member and will attract a $5.00 processing fee.
- We endeavour to ensure that our product availability is current and up to date however we do not guarantee that Products advertised on our Website are available and in stock. If we do not have all Products you have ordered in stock, we may offer you alternative Products, have your Products placed on backorder or cancel all or part of the order.
- Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we confirm acceptance and/or despatch your order.
- At any time before order is despatched, we may decline to supply your order without giving any reason.
- Delivery of your ordered Product/s will be as set out on our Website. Title in the Products passes to you when we have received payment. Our terms of payment are set out on the order page.
- Title of all Products supplied does not pass to the purchaser until full payment has been received and funds cleared by our bank.
- Unless a credit account has been established, all orders require upfront payment. Please visit our Payment information page for all details.
- Subject to any statutory guarantees which may apply pursuant to the Competition and Consumer Act 2010 (C&C Act), all risk of loss or damage to the Products passes to you when we despatch the Products.
Order Cancellation Due To Error
- Where a Product has been listed at the incorrect price or with incorrect descriptive information or incorrect image, we reserve the right to cancel the order. If payment for that order has been received, we will return the money in the same form as we received it as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
Product Returns – Change of Mind, Wrongly Ordered or No longer required
- In the event that the Customer wants to return any products purchased from us that have been delivered, received and accepted in good order, as permitted by law, it is at our absolute discretion to accept or reject this request if the reason for return is:
- Change of mind
- Ordered wrong Product
- Did not like the Product
- No longer requires the Product
- We will only consider accepting returns for credit within 30 days of the purchase date. In the event, at our absolute discretion, we accept the return:
- It is subject to being returned to our warehouse in original condition and packaging deemed saleable as a brand new item. If, upon arrival to our warehouse, it is not, as described and warranted by the Customer, in original condition and packaging deemed saleable as a brand new item, return for credit will be rejected and the Customer will need to organise to have the Product/s picked up from our warehouse at their own cost.
- It is subject to all original shipping charges to deliver the Product/s to our warehouse being borne by the Customer.
- It is subject to a 20% restocking fee of the Product/s’ purchase value.
- We will not accept returns requests for credit after 30 days of the purchase date. Please visit the Warranty and Returns page for all details. Our Warranty and Returns Policy, as may be amended from time to time, is a part of these terms and conditions.
- We will not accept returns that are not in original condition and packaging and cannot be sold as brand new.
30-Day Money Back Guarantee
- Some Products offered through the Website may be offered with a 30 Day Money Back Guarantee. Where a Product is stipulated to come with a 30 day money back guarantee, you may obtain a refund of the purchase price of the whole or part of the Product which has been returned, provided that the returned Product has not been damaged following acceptance of delivery or been subject to wear and tear making the Product unsaleable as a brand new item.
- In order to obtain a refund on Products to which the 30 Day Money Back Guarantee applies, you must:
- complete and submit a Return Authorisation(RA) form and obtain RA number.
- return the Product to our warehouse in original condition within 30 days of purchase in its original packaging including all components and accessories delivered with the original Product.
- The Customer is responsible for all transport, delivery and shipping charges to deliver the Product/s to our warehouse and the Product/s must be actually received by us within 30 days of purchase in order for the refund to be claimed.
- Our 30 Day Money Back Guarantee is in addition to and does not affect any rights or guarantees which the Customer may otherwise be entitled to under the C&C Act or any other applicable consumer legislation.
Statutory Guarantees, Warranties and Products Damaged or Lost in Transit
- Schedule 2 of the C&C Act” defines a “consumer”. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are: –
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
- As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
- If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
- If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
- If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
- We undertake to reimburse you for any Product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged Product, you must contact us within 7 working days of the fault or defect becoming apparent. We strongly advise that you sign the delivery docket ONLY when you have carefully inspected the delivery and acknowledge that you have received your order in full, in good condition and without any damage. If you are unable to carefully check your delivery for any reason, we recommend signing the delivery docket but ADD the words ‘Subject to checking upon unpacking’. Failure to do this, will complete your delivery and any discovered damage after will be deem caused whilst in your possession. In those circumstances, no right of reimbursement will be acknowledged and responsibility for any damage to the Product will be taken by HCC, subject to any statutory guarantees which may apply pursuant to the Competition and Consumer Act 2010 (C&C Act). Please visit Warranty and Returns page for all details.
Pick Up, Delivery and Transit Insurance
- The Shipping information page is part of these terms and conditions. Please review it carefully.
Our Website Services
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our Website, you acknowledge that you are over 18 years of age.
- When you visit our Website, we give you a limited, non-exclusive licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only if you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way may infringe our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this Website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our Website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our Website.
- This Website may from time to time contain hyperlinks to other Websites. Such links are provided for convenience only and we take no responsibility for the content, accuracy or opinions, and maintenance of, or privacy compliance, by any linked website. Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. You accept any risk associated with accessing any third-party website through a hyperlink appearing on the Website.
- You may link our Website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
- The copyright to all content on this Website including applets, graphics, images, layouts, text, source code or compilation belongs to us or we have a licence to use those materials.
- All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this Website are either owned by us or we have a licence to use them. Your access to our Website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this Website becomes our property. If in future we use your Comments in promoting our Website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- Whilst we have taken all due care in providing the information on our Website, we do not provide any warranty either express or implied including, without limitation, warranties of title or implied warranties of merchantability or fitness for a purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our Website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our Website or any linked website.
- From time to time we may host third party content on our Website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer: –
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
- We do not participate in any way in the transactions between our users.
- By accessing our Website, you agree to indemnify and hold us and our partners, attorneys, staff and affiliates harmless from all claims, actions, damages, costs and expenses including legal fees arising from or about your use of our Website.
- If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days’ Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- These Terms and Conditions constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, its content, our Products or services provide by or through the Website, and the subject matter of this agreement.
- We undertake to take all due care with any information which you may provide to us when accessing our Website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.