About the Website
- Welcome to www.enttec.com (the ‘Website‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
- The Website is operated and owned by ENTTEC Pty Ltd PTY. LTD. (ACN 089252791). Access to and use of the Website, or any of its associated Products or Services, is provided by ENTTEC Pty Ltd. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- ENTTEC Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When ENTTEC Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by ENTTEC Pty Ltd in the user interface.
Your obligations as an Account Customer
- As an Account Customer, you agree to comply with the following:
- You will use the Purchase Services only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify ENTTEC Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of ENTTEC Pty Ltd providing the Purchase Services;
- you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by ENTTEC Pty Ltd for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
Purchase of Products and Returns Policy
- In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price‘).
- Payment of the Purchase Price may be made through ‘PayPal’ or ‘e-WAY’ (the ‘Payment Gateway Provider‘)
- Following payment of the Purchase Price being confirmed by ENTTEC Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and ENTTEC Pty Ltd may record your purchase details for future use.
- ENTTEC Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
- When an item is listed as being available for pre-order, this means that you are able to purchase the item ahead of its eventual day of release. This is an option designed to ensure that you will be allocated stock of a potentially in-demand item and will, therefore, be among the first customers to receive the item once it becomes available.
- Please note that “pre-order” does NOT indicate that you will receive the item earlier than its official release date.
- You will be charged the full price of the item at the time of placing your pre-order.
- While we will make every effort to dispatch your order as soon as possible once the item becomes available, you recognise and accept that delays may sometimes occur. While made in good faith to the best of all knowledge we have at hand, any proposed time-frame or date for an item’s release and/or its estimated time of delivery is only an approximation, subject to change, and ENTTEC does not represent or warrant that it will be able to ship the item by the estimated date. As a result, in the event that such a delay arises and the estimated shipment and/or release of the product is not met, we are not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays.
- We will provide you with periodic updates with respect to such a delivery schedule. If you have any questions that are not answered above regarding the status of a pre-order purchase you have made, please contact your regional ENTTEC office in the first instance.
- ENTTEC Pty Ltd’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘).
- You may make a claim under this clause (the ‘ Warranty Claim‘) for material defects and workmanship in the Products within 3 years from the date of purchase (the ‘ Warranty Period‘) unless specified otherwise.
- In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to ENTTEC Pty Ltd showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to ENTTEC Pty Ltd at 43 Indian Drive, Keysborough, Victoria, 3173 or by email at email@example.com.
- Where the Warranty Claim is accepted then ENTTEC Pty Ltd will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
- The Warranty shall be the sole and exclusive warranty granted by ENTTEC Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
- All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
- The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
- You acknowledge that the Purchase Services offered by ENTTEC Pty Ltd integrate delivery (the ‘ Delivery Services‘) through the use of third party delivery companies (the ‘ Delivery Service Providers‘).
- In providing the Purchase Services, ENTTEC Pty Ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that ENTTEC Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers with respect to providing the Delivery Services.
- In the event that an item is lost or damaged in the course of the Delivery Services, ENTTEC Pty Ltd asks that you:
- contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
- contact us by sending an email to firstname.lastname@example.org outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
Copyright and Intellectual Property
- The Website, the Purchase Services and all of the related products of ENTTEC Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips, and software) (the ‘Content‘) are owned or controlled for these purposes and are reserved by ENTTEC Pty Ltd or its contributors.
- ENTTEC Pty Ltd retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of ENTTEC Pty Ltd; or
- the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
- You may not, without the prior written permission of ENTTEC Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
- You acknowledge that ENTTEC Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
- ENTTEC Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours, and packaging may differ from what is displayed on the Website.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- ENTTEC Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, the Purchase Services, and any of the products of ENTTEC Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of ENTTEC Pty Ltd, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of ENTTEC Pty Ltd (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of ENTTEC Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
- the Content or operation in respect to links which are provided for the User’s convenience;
- any failure to complete a transaction or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
- ENTTEC Pty Ltd’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of ENTTEC Pty Ltd is the resupply of the information or Purchase Services to you.
- You expressly understand and agree that ENTTEC Pty Ltd, its affiliates, employees, agents, contributors, third party content providers, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- ENTTEC Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of ENTTEC Pty Ltd, by third parties or by any of the Purchase Services offered by ENTTEC Pty Ltd.
- You acknowledge that ENTTEC Pty Ltd does not provide the Delivery Services to you and you agree that ENTTEC Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
- ENTTEC Pty Ltd does not warrant that functions contained in the website content, such as hyperlinks, will be uninterrupted or error free, or the results that may be obtained from the use of the website (including any information and materials on this website) will be correct, complete, accurate, reliable, or otherwise meet your requirements.
- Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Links to this website
- You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
- The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.