Terms and Conditions of Sale

Terms and Conditions of Sale

Our Terms and Conditions, which include our Privacy Policy, set out the terms of the agreement between you and Tigerlink. By using our website, you unreservedly accept these Terms and Conditions, including our Privacy Policy, and you agree that you use of our website, including any purchase of goods from us, is subject to the terms thereof.

These Terms and Conditions cannot be varied without our written consent. We may update these Terms and Conditions from time to time and the current version will always be shown on the Terms and Conditions page of our website. We encourage you to read these Terms and Conditions, if you have any particular questions. If you do not agree to these Terms and Conditions, you must not use our website in any manner.

We are: Tigerlink our address is 278 Dundas Street, Thornbury Victoria 3071, Australia

You are: a visitor to our Website/ our customer

1. Definitions

In this agreement:

“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.

“Customer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.

“Our Website” means the entire computing hardware and software installation that is or supports our website.

“Goods” means any of the Goods we offer for sale on our Website.

“Content” means any material in any form published on Our Website by us or any third party with our consent.

Our Product

We endeavour to ensure that all the products on our website are accurately described and we rely on information provided to us by our suppliers. Unfortunately, on some occasions it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. In some cases the product we offer for sale are hand-made or made from natural or organic materials, and there may be small variations between the product image(s) and the product you receive. This will always be stated on the individual product listing. We endeavour to ensure that all colours are displayed and screens. The shade of colour from screen to screen is not a fault of error. This will be classified as a change of mind and returning items based on change of mind will be at the expense of the customer.

To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our website are accurate, complete, reliable, current or error- free, nor do we make any warranty about the standard or quality of any of the products offered via our website.

On rare occasions our suppliers find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from our website, whether it has been sold or not, removing or editing any materials or contents on our website, or for refusing to process or accept an order after we have sent you the order confirmation.

Our website changes regularly

We aim to update our website regularly, and may change content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We will use reasonable endeavours to ensure our website contains accurate information and content, however, we reserve the right to update our website as soon as an inaccuracy or error is brought to our attention.

Advertising Errors

We make every attempt to list accurate and current products, prices, and all other information, there may be an occasional error. We cannot be held liable for such errors. We reserve the right to refuse to honour an order based upon any misunderstanding arising from such typographical errors.

Telephone Support

Tigerlink, offers a free telephone technical advice Monday to Friday from 9am to 5pm and 9.30am to 1pm on Saturdays to assist the installers.

Your order

After you have placed your order and we have processed your payment we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order. Your order represents an offer to purchase, which we accept when we dispatch your products(s) and send you an email confirming that your product(s) has/have been dispatched. Once this email has been sent and the goods have been handed over to the designated carrier, the contract between you and us is complete. The sale contract is therefore concluded in Victoria, Australia.

If delivery of an order will result in unacceptably high freight charges to Tigerlink, we reserve the right to contact you to request further shipping fees or to cancel an order prior to dispatch. If we cancel your order in these circumstances we will issue a full refund to you.

In the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch. We will contact you by email as soon as possible to let you know. You may choose to have a store credit to your account or a refund to the value of the unavailable product. We reserve the right not to accept your order in the event that we are unable to obtain authorization for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms and Conditions or our website. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion.

2. Our contract with you

These terms and conditions apply:

2.1 So far as the context allows, to you as a visitor to Our Website; and

2.2 In any event to you as a buyer or prospective buyer of our Goods

2.3 We shall accept your order by e-mail confirmation. That is when our contract is made.

2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

2.5 Unfortunately, we cannot guarantee that Goods advertised on our website are available.

2.6 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

            2.6.1 Accept the alternatives we offer;

            2.6.2 Cancel all or part of your order;

2.7 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.

2.8 If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order.

3. Your account with us

3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the goods.

3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorized person from using your computers.

3.3 You agree to accept responsibility for all activities that occur under your account of password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

3.4 We reserve the right to refuse you access to Our Website.

4. Price and Payment

4.1 All prices are subject to alteration without notice. Prices set out or referred to the Supplier’s price lists are applicable to all orders received on or after the stated effective date of the current price lists unless otherwise stated in writing by the supplier.

4.2 We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price. We will use reasonable endeavours to ensure our website contains accurate information and content, however, we reserve the right to update our website as soon as an inaccuracy or error is brought to our attention.

4.3 Prices Changes. We make every effort to list accurate and current prices at all times However, you should note that prices are subject to change without notice. We reserve the right to change any prices without notice.

4.4 Banking 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.

4.5 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

4.6 Prices include Australian good and service tax. If you show by your delivery address that you reside outside Australia, GST will be deducted at the payment point.

4.7 Payment security. We use industry standard encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (Whether direct or indirect) caused if a member’s card is used fraudulently.

5. Delivery

Deliveries are made Australia wide by Australia post or any nominated courier by us or by the customer’s nominated courier.

Australia Post eParcel or the couriers will deliver to the address you have specified as your “Shipping Address” on your order. In the case that Australia Post eParcel or the couriers arrives at your office or residence and no one is available to take delivery of your package(s), Australia Post eParcel or the couriers will leave a card with instructions for how to organize a pick up from a post office or a courier depot. In case you give authorise to leave at premises you will be liable for goods left.

We make every effort to deliver your package(s) within the estimated delivery time window, we cannot guarantee the delivery time.

Upon delivery, the product title and all risk of loss is your responsibility, please immediately check your delivered product condition and contents. No claim will be recognized after 7 days of the delivery for missing items or damaged items.

Estimated delivery time for your product(s)

Your order will be dispatched promptly within 24 hours of clearing the order payment, please allow 1-4 business days for most locations within, Victoria, NSW and SA, and up to 10 days for the other remote parts of Australia.

5.1 Deliveries will be made by post/ a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.

5.2 If we are unable to deliver your order, we will notify you to try to arrange an alternative date for delivery, convenient to you. If we have failed to contact you after 10 days from the first time we attempted delivery, we will cancel your order and return money paid for the goods. We will retain any charge we made for delivery.

5.3 If we ourselves are not able to deliver your Goods within 20 days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery and giving you the option of cancelling your order.

5.4 We may deliver the Goods in instalments if they are not all available at the same time for delivery.

5.5 Goods are sent by post. We will send you a message by email to tell you when we have dispatched your order.

6. Cancellation of order

6.1 You may cancel your order at any time before we dispatch your order.

6.2 Details of our after-sales service and guarantees, if a given on our website/in our catalogue.

6.3 If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any a 15%

6.4 If you cancel after we have dispatched the Goods, we will refund the price of the goods only.

6.5 The option to cancel your order is not available if the Goods are:

6.6 If you cancel your order after we have dispatched the Goods, you must return them to us within 7 days in the sae condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.

6.7 You are responsible for the cost of returning them.

6.8 To assist us in identifying your Goods on receipt by us, we ask you to telephone 03 9480 1210 for a returns reference to be placed below our address/return label.

6.9 If you fail to return the goods, within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.

6.10 We will refund your money within 30 days.

7. Foreign taxes, duties and import restrictions

7.1 If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.

7.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

8. Goods returned

8.1 If you change your mind or your order is not quite right, you may return it to us within 14 days of the date you receive it. You must lodge a return request via the email “contact us” page. Alternatively, you can contact us with your name and order number and our customer care team advice next step. You are responsible for the cost of returning items.

Items returned must be in “as-new” condition. This means you have not used, damaged, washed or laundered any of the items. Please return items secured in their original packaging if possible.

After we have received your item and confirmed it is in “as-new” condition, we will issue you with a refund less 20% re-stocking fee or store credit of the purchase price less the initial delivery fees. If you have purchased an item using fee shipping offer and returned it because you have changed your mind, we will deduct the actual shipping cost to us from your refund. If we cannot be satisfied that you purchased the product from us then we will not accept your product for return.

8.2 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, Please tell us at the earliest opportunity:

            8.2.1 Exactly what is the fault?

            8.2.2 The date, if relevant, when the fault became apparent;

            8.2.3 When and how you discovered the fault;

            8.2.4 How the fault affected your use of the Goods;

8.3 To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty:

            8.3.1 You must tell us by email message to sales@tigerlink.com.au or by letter to our land address at the top of this agreement, you that you would like to return goods, specifying exactly what goods and when purchased, and giving full detail of the defect or other reason for return. We will then issue a return note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

            8.3.2 The Goods must be returned to us as soon as any defect is discovered.

            8.3.3 So far as possible, Goods should be returned:

            8.3.4 with both goods and all packaging as far as possible in their original condition;

            8.3.5 Securely wrapped;

            8.3.6 Including our delivery slip;

            8.3.7 at your risk and cost. Or

The procedure for return of Goods is set out on our website. If you do not follow this procedure, we may be unable to identify you as the sender of the goods.

8.4 Non acceptable product return. We recommend that customers choose carefully before buying as no return are permitted where the buyer is simply unhappy with their purchase or has changed their mind.

9. Disclaimers

9.1 We or our Content suppliers may make improvements or changes to our Website, the Content, or to any of the Goods, at any time and without advance notice.

9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

9.3 We give no warranty and make no representation, express or implied, as to:

            9.3.1 The adequacy or appropriateness of the Goods for your purpose;

            9.3.2 The truth of any Content on Our Website published by someone other than us;

            9.3.3 Any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;

            9.3.4 Compatibility of Our Website with your equipment, software or telecommunications connection.

9.4 Our Website contains links to other Internet Websites outsides our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of Goods.

9.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

9.7 The above two sub paragraphs do not apply to a claim for personal injury.

10. Content and Intellectual Property Rights

10.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

10.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and/ or the other content provider. We will strongly protect those rights in all countries.

10.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

10.4 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

10.5 Subject to the other terms of this agreement, you may download or copy Content only of your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

11. Your email address

11.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

11.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we can immediately suspend that use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

11.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

12. Your Material

12.1 If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.

12.2 You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty- free, right in perpetuity to use that Material in any way whatever, throughout world in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your material.

12.3 You agree to perform all further acts necessary to perfect any of the above rights grants by you to us, including the execution of deeds and documents, at our request.

12.4 You represent and warrant that:

            12.4.1 You own the rights to all of the Material that you post;

            12.4.2 Any fact stated in your Material is accurate;

13. System Security

13.1 We will do our best to maintain our website so that you have constant use, but there will be times when your use may be interrupted.

13.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

13.3 You may not use any software tool for the purpose of extracting data from our website.

13.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

14. Acceptable use Policy

As a condition of your use of Our Website, you agree to comply with this provision:

14.1 You will not use or allow anyone else to use the Website to post or otherwise publish:

            14.1.1 Copyright works;

            14.1.2 Commercial audio, video or music files;

            14.1.3 Any Material which violates the law of any established jurisdiction;

            14.1.4 Unlicensed software;

            14.1.5 Software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;

            14.1.6 Links to any of the material specified in this paragraph;

            14.1.7 Pornographic Material;

            14.1.8 Any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.

14.2 You will not use the services for spamming. Spamming includes, but is not limited to:

            14.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;

            14.2.2 The sending of junk mail;

            14.2.3 The use of distribution lists that include people who have not given specific permission to be included in such distribution process;

            14.2.4 Excessive and repeated posting off – topic messages to newsgroups;

            14.2.5 Excessive and repeated cross- posting;

            14.2.6 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;

            14.2.7 The emailing of age inappropriate communications or content to anyone under the age of 18.

15 Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising in any way out of your use of Our Web Site, Your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

16. Miscellaneous provisions

16.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

16.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of those goods service.

16.3 Nothing in this agreement or on our website shall confer on any third party any benefit or obligation.

16.4 If any of these terms is at any time held by jurisdiction to be void, invalid or unenforceable, and then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

16.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

16.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

16.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

16.8 This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

(Disclaimer: -It is the responsibility of the installer to ensure that the item purchased is suitable for its intended use, that they use it in the manner for which it was designed and in compliance with any legislation in force- we will not be held responsible for any injury, damage or loss associated with the purchase or use of this equipment however caused.)

Damage items: Unfortunately, and despite our best efforts, items are occasionally damaged in transit. If you notice that an item is damaged when it is delivered to you, please contact us within 2 days of delivery with clear digital photos showing the damage. Our customer care team will advise you on the next steps.

The type of remedy we offer will depend upon the circumstances. We may arrange to replace  the product(subject to availability), provide you with a partial or full refund of the purchase amount or work with you to arrange repair of the item by a local tradesperson in your area.

If we require you to return the product to us, we will pay the cost of the return.

Our right: We reserve the right to refuse a refund in cases where we deem damage to a product to be due to fair wear and tear, misuse use, failure to use in accordance with manufacturer’s instructions or failure to take reasonable care.

Exchange: Please contact our customer care team with your order number and item details you wish to exchange. This is a request based on availability and cannot be guaranteed

Manufacture warranties

In some cases products offered for sale on our website may be subject to a separate manufacturer’s warranty. This will be communicated on the relevant product page. In this case we request that you contact the manufacturer directly. If the manufacturer is unable to assist you or you are not happy with the resolution of your issue, please contact us for help. We will be happy to liaise with the manufacturer for you but our liability will be limited to the refund of your purchase price.

 

Date Up Date 20/03/2017