Terms & Conditions of Sales
1. User Agreement
AU FOCUS Pty Ltd simple as “AU FOCUS” BELOW
- By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
- These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our 3rd party.
2. Guests and Registered Users
- You may access and/or use the website as a guest or as a member.
- To become a member of the website, you must provide your name and address, telephone number and a valid email address. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us through the website.
- We only permit one registration per email address.
- You must not use another members’ account without permission.
- You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your account.
- We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.
3. Legal Capacity
- Any Order and/or purchase made by you using this website is an acknowledgement by you that you: i. accept these terms; ii. agree that you have entered into a legal contract with AU Focus in relation to these terms; and iii. these terms, together with your order, constitute the entire agreement between you and AU Focus for the supply of products.
- AU Focus reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage AU Focus may suffer as a result of a transaction entered into by a minor.
- Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
- If a refund or credit is granted, AU Focus can take up to 7 working days to issue the credit or refund for any returned items. Items will need to be returned within 14 days from the time of approval. The cost of freight if we pay to send out your item will be deducted from the refund total. You and AU Focus may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
placing an electronic Order for the products using the website;
you confirming the Order details in accordance with the procedure on the website;
you making payment in full (plus any applicable delivery charges) on the website; and
the acceptance of that offer by AU Focus .
- When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
any requirements set out in these terms have been met;
the electronic instruction containing the offer from you enters and is recorded in our database;
a record is created and stored in our database;
AU Focus receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by AU Focus for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of 3rd party website providers or system;
to the extent permitted by law, AU Focus is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
AU Focus may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
AU Focus may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
- You will receive an email from AU Focus as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us via our website.
- If your Order is not accepted by AU Focus, AU Focus will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
- AU Focus may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
- Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If AU Focus cannot supply a particular product, AU Focus will notify you by telephone or email as soon as possible.
- AU Focus will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.
- If you have ordered a product that was advertised as “Pre Order” during the initial ordering process, you cannot cancel your order. Pre order dates may change without notice due to supplier issues or unforeseen circumstances out of our control. If the Pre order date does change from when you placed your order, you may either keep your order or request to cancel. Products advertised with a Pre order date of “TBA” (To be announced), you may either keep your order or request to cancel.
- Prices shown are in Australian and New Zealand dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
- Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of AU Focus.
- Images of products shown without any advertised price beside that image are not offered for sale.
- Unless otherwise stated, any accessories shown in any image of products are not included in the price.
- All limited time promotional prices, specials and other offers are set to AEDT (Australian Eastern Daylight Time) and will only be honored during this time frame.
- We reserve the right to correct any errors published on the website.
- All payments must be made in full prior to delivery.
- Payments must be made via Securepay, EFT or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
- AU Focus has the right to carry out security checks on all orders, the security check process involves splitting the payment into two amounts. The cardholder is than required to confirm the two amounts they were charged for the order to complete its verification and be released. AU Focus will monitor orders daily and verify purchases should they not require the verification process for example but not limited to business addresses.
7. Supply and Delivery
- Subject to you complying with these Terms and acceptance of your Order by AU Focus, AU Focus will sell and supply the products to you as shown on your Order confirmation.
- Products may not be available for immediate delivery. AU Focus handling time is 1-5 working days.
- When you complete your order you will be prompted to select whether you wish to collect your Order from a AU Focus Store or to have the Order delivered to an address specified by you.
- During “Free Shipping Australia Wide” promotions, terms and conditions may apply for free shipping to regional areas in Australia. Freight charges may be incurred for orders shipped outside of Metro areas.
- AU Focus will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
9. Disclaimer and Indemnity
- To the extent permitted by law, AU Focus and exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
Errors, mistakes or inaccuracies on the website;
You acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
Personal injury or property damage of any kind resulting from your access or use of the website;
Any unauthorised access to or use of the websites secure servers;
Any interruption or cessation of transmission to or from the website;
Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any 3rd party;
The quality or fitness for any purpose of any linked sites.
- Except as expressly provided in these terms, and to the fullest extent allowed by the law, AU Focus and its 3rd parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
- You will at all times indemnify, and keep indemnified, AU Focus, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
- This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
10. Order Enquiries
- If you have any query about the progress of your order please contact firstname.lastname@example.org.
11. Privacy and Personal Information
- The privacy of your personal information is important to AU Focus.
- AU Focus and its 3rd parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact email@example.com. Personal information may include your name, residential and/or postal address, telephone number and email address.
- Your personal information is not collected if you only browse this website.
- Payments are handled by Banks and Paypal. AU Focus does not store your credit card or banking details. Please check the Bank website and www.paypal.com.au websites for details of their privacy policies and security measures.
- AU Focus and their authorised 3rd parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that AU Focus and/or its 3rd party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that AU Focus thinks may be of interest to you. If you would prefer not to receive promotional or other material from AU Focus or its 3rd parties, please let us know and AU Focus will respect your request. You also agree that AU Focus may contact you by telephone to arrange delivery or collection of your Order.
12. Governing Law
- These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
- If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. AU Focus makes no representations that the content of the website complies with the laws of any country outside Australia.
- If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and AU Focus.
14. Transfer and Assignment
- If AU Focus merges, sells or otherwise change control of its business or this website to a third-party, AU Focus reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that AU Focus has collected from you and any agreements it has made with you.