These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are: SwanZone Pty Ltd ACN 663 237 741, authorised distributor of SWAN Ignition Coils.
You are: a visitor to Our Website / our customer
The terms and conditions:
1. DEFINITIONS
In this agreement:
| "Consumer" | means any individual who, in connection with this agreement, is acting for a purpose which is outside his business. |
|---|---|
| "Content" | means any content in any form published on Our Website by us or any third party with our consent. |
| "Goods" | means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. |
| "Our Website" | means any website of ours, and includes all web pages controlled by us. |
| "Post" | means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly. |
2. INTERPRETATION
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you;
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4. any obligation of any person arising from this agreement may be performed by any other person;
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other reorganisation involving that party;
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;
2.8. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website;
2.9. if there is any conflict between these terms and conditions and other terms and conditions on Our Website, these terms and conditions will prevail; and
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. OUR CONTRACT WITH YOU
3.1. You agree to, and accept, these terms and conditions by using, visiting, ordering Goods, or remaining on our Website.
3.2. You acknowledge that, in entering into this agreement, you do not rely on any representation, warranty, information or document or other term not forming part of this agreement. This agreement contains the entire agreement between the parties and supersedes all previous statements, representations, agreements and understandings between the parties.
3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. We may change these terms from time to time. The terms that apply to you are those that are posted on Our Website at the time you place an order for Goods.
4. Goods Availability and Price
4.1. We do not guarantee that Goods advertised on Our Website are available.
4.2. The price of Goods may be changed by us at any time prior to you placing an order. We will never change a price for Goods after you have ordered those Goods.
4.3. If in the future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply to those future purchases so far as they can be applied.
4.4. We do not sell Goods to all countries. We may refuse to deliver the Goods if you live in certain countries.
5. Acceptance of your order
5.1. Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm your order.
5.2. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
5.3. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
5.3.1 accept the alternatives we offer;
5.3.2 cancel all or part of your order.
6. Price and Payment
6.1. The price payable for the Goods that you order is clearly set out on Our Website.
6.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
6.3. Prices include goods and services tax ("GST"). This means that sales are considered to be GST inclusive, where GST is applicable to the transaction. Sales to overseas buyers (exports) are considered GST free.
6.4. If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
6.5. 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 dollar will be borne by you.
6.6. If applicable, any information given by us in relation to exchange rates are approximate only and may vary from time to time.
6.7. If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you at which point you may cancel your order.
6.8. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
6.9. If we owe you money, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.
7. Security of your credit card We take care to make Our Website safe for you to use.
7.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
8. Shipping Policy
8.1. We pride ourselves on outstanding customer service, so if you place an order by 3pm AEST on a business day we will endeavour to ship the Goods the same day. Otherwise we will endeavour to ship the Goods the next business day. In spite of the above, we will ensure that Goods are shipped within 30 days from the day you place an order to purchase the Goods. Goods are not insured when they are shipped. Risk in the Goods passes on purchase or shipping of the Good (whichever occurs first in time).
8.2. Deliveries will be made to the address stipulated in your order. If delivery attempts fail due to no one being able to accept the Goods, the Goods may be returned to your local post office awaiting collection from you. However, if you stipulate otherwise, and we agree to these stipulations prior to shipping your Goods, then your Goods may be left in your letterbox or somewhere at your location (such as front door, back door etc), depending on the delivery carriers own policy.
8.3. If we are not able to deliver your Goods within 30 days of the date of your order, because you have given us incorrect address details, we will notify you by e-mail to confirm your address and arrange another date for delivery. You will be invoiced for the shipping costs prior to the Goods being resent.
8.4. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
8.5. If Goods have to be signed for on delivery, then they must be signed by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver.
8.6. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience. Signing "Unchecked", "Not Checked" or similar is not acceptable.
8.7. Generally, Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
8.8. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual or a 'time is of the essence condition'. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8.9. Some Goods may be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy or if the manufacturer does not have a delivery policy then your order will be subject to our delivery policy set out in these terms and conditions.
8.10. If bulk orders of Goods are made such that the Goods to be delivered are large and heavy, then delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
8.11. Time for delivery specified on an order, if any, is an estimate only and time shall not be of the essence.
8.12. If available, we are happy for you to pick up Goods from our shop/ warehouse provided you make an appointment in advance and payment has been received into our bank. A cheque on arrival is not acceptable.
8.13. If you pick up Goods from our premises, then:
8.13.1 we will not be able to assist you in loading heavy items;
8.13.2 Goods are at your risk from the moment they are picked up by you or your courier from our shop / warehouse;
8.13.3 you agree to indemnify us for any costs or loss that we may suffer due to your attending at our premises to take possession of the Goods, both on and off our premises, including damage of any kind to property and damage to any person.
9. Foreign taxes and duties
9.1. If you are not in the Commonwealth of Australia, we have no knowledge of, and no responsibility for, the laws in your country.
9.2. You are responsible for purchasing Goods which you are lawfully able to import and you are responsible for the payment of all import duties and taxes of any kind levied in your country.
10. Manufacturer's Warranty and Liability for Defects
10.1. New Goods carry :
10.1.1 a 24 month manufacturer's warranty for Ignition Coils where the Goods are being used for personal non business use (Ignition Coil SKU Numbers beginning with IC70695B & IC70695R have a 12 month coverage period);
10.1.2 a 12 month manufacturer's warranty for all other Goods where the Goods are being used for personal non business use; or
10.1.3 a 3 month manufacturer's warranty for all Goods where the Goods are being used for commercial or business use; and
10.1.4 only cover the original purchaser of the Goods.
10.2. We will repair or replace Goods which fail to comply with the provisions of the Competition and Consumer Act 2010 or which show a defect. If you claim that the item is defective, the following conditions apply:
10.2.1 the defect must be reported to us within four weeks of becoming apparent, but in no event more than 24 months for Ignition Coils (12 months for Ignition Coil SKU Numbers beginning with IC70695B & IC70695R) after the date of purchase; or 12 months for all other Goods after the date of purchase, and you must provide a report by a qualified person clearly stating the fault and when it arises or arose.
10.2.2 the defect must result from faulty design or faulty manufacture;
10.2.3 you must return the defective Goods or parts to us.
10.3. If we agree that we are liable, you must pay to return the Goods to use but we will repair or replace the Goods and ship them back to your free of charge.
10.4. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
11. Refund Policy
11.1 These provisions apply in the event that you return any Goods to us for any reason, if you do not follow this procedure, we may be unable to issue you with a refund or replacement Good.
11.2. If you have purchased the wrong Good or are returning a Good as a warranty claim, we will accept a return of that good and issue a refund or send out a replacement Good subject to the following:
11.2.1 you must contact us first about the Goods before returning the Goods to us, and if we agree to accept a return of the incorrectly purchased Good or if we agree to accept the warranty claim over the Good then you MUST do the following:
11.2.2 the Goods must be securely and appropriately packed so they are not damaged during transit;
11.2.3 the Goods must be returned in their original packaging (where appropriate);
11.2.4 other than warranty claims, the Goods must be like new and not show any signs of use or having been installed or fitted;
11.2.5 you must include our original delivery slip or the manufacturers delivery slip;
11.2.6 the claim for refund must be advised to us no later than 30 days after the date you bought the Good;
11.2.7 you will be solely responsible for all shipping costs to return the Good to us;
11.2.8 other than warranty claims, where we agree to accept the return of the Good we will refund the purchase price; and at our discretion minus a 15% restocking fee;
11.2.9 other than warranty claims, if you require us to accept return of a Good and then ship a replacement Good you are responsible for the difference in the refund amount and the new Good price and also for any shipping fees;
11.2.10 for Goods returned as part of a warranty claim you must pay the shipping costs to return the Good to us; and
11.2.11 for Goods returned as part of a warranty claim please enclose a report by a qualified person clearly stating the fault and when it arises or arose.
11.3. Otherwise, we do not accept refunds or returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
11.4. Goods must be installed by an appropriately qualified person and in accordance with the manufacturer's guidelines otherwise the warranty is void.
11.5. If relevant, please have a qualified person first check the plug, fuse, batteries and the manufacturer's operating instructions. Also, before you contact us about returning the Goods to us, please have a qualified person carefully re-read the instructions and check that they have assembled it or installed it correctly and complied with any provisions relating to the power supply, plugs and sockets (if applicable).
11.6. If delivery was made to Australian address, you are also protected by the Competition and Consumer Act 2010.
12. Statutory Guarantees and Warranties to Consumers and Limitation
12.1. Schedule 2 of the Competition and Consumer Act 2010, known as the Australian Consumer Law ("ACL"), prescribes certain rights and responsibilities of businesses and consumers in Australia. These include statutory guarantees which businesses must give to consumers.
12.2. More information regarding the ACL can be found at http://consumerlaw.gov.au
12.3. We agree to be bound by the obligations imposed under the ACL, including but not limited to:
12.3.1 we will not engage in misleading and deceptive conduct;
12.3.2 the items we advertise and sell will be fit for purpose and of merchantable quality; and
12.3.3 if we sell you a defective Good, and it was defective at the time of delivery to you, then we will replace the defective item or provide a refund to you.
12.4. To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from our Goods or our services in selling and shipping you Goods and giving advice about which Goods to purchase, is limited to us re-supplying the Goods to you, or, at our option, us refunding to you the amount you have paid for the Goods to which your claim relates, minus any payment processing fee or payment gateway refund fee.
13. Disclaimers
13.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
13.2. All the conditions, warranties or other terms implied by the law of any county other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law.
13.3. 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.
13.4. 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.
13.5. We give no warranty and make no representation, express or implied, as to:
13.5.1 the description of the Goods on the website;
13.5.2 the adequacy or appropriateness of the Goods for your purpose;
13.5.3 the truth of any Content on Our Website; or
13.5.4 non-infringement of any right.
13.6. 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.
13.7. Our liability under this contract is limited, to the maximum extent permitted by law, at our option, to the value of the Goods you have purchased or the cost of resupplying the Goods to you again.
14. Your account with us
14.1. 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.
14.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
14.3. You agree to accept responsibility for all activities that occur under your account or 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.
15. Restrictions on what you may Post to Our Website
If there is the ability to Post Content on Our Website then You agree that you will not, nor allow anyone else to, Post Content on Our Website which is or may:
15.1. be malicious or defamatory;
15.2. be commercial audio, video or music files where the intellectual property rights in those files is not yours not licensed to you;
15.3. be illegal, obscene, offensive, threatening or violent;
15.4. be sexually explicit or pornographic;
15.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
15.6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
15.7. solicit passwords or personal information from anyone;
15.8. be used to sell any goods or services or for any other commercial use;
15.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
15.10. link to any of the material specified above, in this paragraph;
15.11. send age-inappropriate communications or Content to anyone under the age of 18.
16. Your Posting: restricted content
In addition to the restrictions set out above, a Posting must not contain:
16.1. hyperlinks, other than those specifically authorised by us;
16.2. keywords or words repeated, which are irrelevant to the Content Posted;
16.3. the name, logo or trademark of any organisation other than yours;
16.4. inaccurate, false, or misleading information.
17. How we hand le your Content
17.1. Our privacy policy is strong and precise. It complies fully with current law.
17.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
17.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
17.4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
17.5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
17.6. You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
17.7. You irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
17.8. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
17.9. You understand that you are personally responsible for your breach of someone else's intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
17.10. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
17.11. Please notify us of any security breach or unauthorised use of your account.
17.12. We do not solicit ideas for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us an irrevocable royalty free licence to use it.
18. Removal of Offensive Content
18.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
18.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
18.3. If you are offended by any Content, the following procedure applies:
18.3.1 after we receive notice of a claim or complaint, we shall investigate at our discretion;
18.3.2 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email; and
18.3.3 we shall remove the offending Content as soon as we are reasonably able.
18.4. We may re-instate the Content about which you have complained or not.
18.5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
18.6. You agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
19. Security of Our Website
If you violate Our Website we shall take legal action against you. You agree that you will not, and will not allow any other person to:
19.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
19.2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
19.3. download any part of Our Website, without our express written consent;
19.4. collect or use any product listings, descriptions, or prices;
19.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
19.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
19.7. share with a third party any login credentials to Our Website.
19.8. despite the above terms, we now grant a licence to you to create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
20. Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
20.1. your failure to comply with the law of any country;
20.2. your breach of this agreement;
20.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
20.4. a contractual or negligence claim arising from your use of the Goods;
20.5. a breach of the intellectual property rights of any person.
21. Intellectual Property
21.1. 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).
21.2. 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.
21.3. 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.
22. Miscellaneous matters
22.1. 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.
22.2. Where we provide goods without specific charge to you, then they are deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
22.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, 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.
22.4. The rights and obligations of the parties set out in this agreement shall not pass to any permitted successor in title.
22.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
22.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
22.7. It shall be deemed to have been delivered:
22.7.1 if delivered by hand: on the day of delivery;
22.7.2 if sent by post to the correct address: within 72 hours of posting;
22.7.3 If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
22.8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
22.9. This agreement does not give any right to any third party.
22.10. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
22.11. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
22.12. The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria.
23. Business Information
23.1. SwanZone Pty Ltd, authorised distributor of SWAN Ignition Coils.
SWAN Ignition Coils Australian Trademark Number: 1910598
ABN: 52 663 237 741
Brighton
Victoria, Australia 3186
Telephone: +61 (03) 9331 5658
