Customer Agreement – This Agreement is a contract between you and Night Vision Australia Pty Ltd. It sets out the terms and conditions under which you may purchase products online from Night Vision Australia Pty Ltd
Please read the following terms and conditions carefully before placing your order on Night Vision Australia Pty Ltd website. By completing the customer application process and using Night Vision Australia Pty Ltd website, you agree to be bound by the terms and conditions of this Agreement.
INTERPRETATION.
In these Conditions:
“Agreement” means an agreement between You and Night Vision Australia Pty Ltd to supply Goods. The Agreement consists of the Order and these Conditions.
“Conditions” means these Conditions and any agreed written variations.
“Delivery Address” means the address to which the Goods are to be delivered as stated on the Order.
“Goods” means Goods described in an Order and includes packaging.
“Intellectual Property Rights” includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
“Minimum Amount” means the minimum amount (excluding the Delivery Charge) required to place an Order with Night Vision Australia Pty Ltd.
“Order” means an order by You to purchase Goods from Night Vision Australia Pty Ltd.
“Product List” means the list of Goods displayed on Night Vision Australia Pty Ltd Internet site as amended from time to time.
“Delivery Charge” means the fee payable to Night Vision Australia Pty Ltd in respect of delivery of the Goods and handling costs associated with processing your Order.
THE AGREEMENT
2.1 What is the Agreement?
The entire agreement between You and Night Vision Australia Pty Ltd for the purchase of Goods by You from Night Vision Australia Pty Ltd is:
(a) these Conditions; and
(b) the terms of the Order.
2.2 When the Agreement is formed
An agreement exists between You and Night Vision Australia Pty Ltd once:
(a) Night Vision Australia Pty Ltd accepts an Order; or
(b) Night Vision Australia Pty Ltd receives the Order and does not reject it within fourteen days.
2.3 Each Order is a separate agreement.
2.4 Set-Off
If You owe money to Night Vision Australia Pty Ltd under one agreement, Night Vision Australia Pty Ltd may set-off that money against any money that You owe to Night Vision Australia Pty Ltd under another agreement. If Night Vision Australia Pty Ltd owes money to You under one agreement Night Vision Australia Pty Ltd may set-off that money against any money that it owes You under another agreement.
CUSTOMER APPLICATION
3.1 Application to be completed
You must complete a customer application before placing an Order for Goods on Night Vision Australia Pty Ltd website. You warrant that all information and data provided by You in the customer application is accurate, complete and up to date. You will promptly inform Night Vision Australia Pty Ltd if there is any change to this information or data.
3.2 Set up costs
You are responsible for any costs associated with accessing the Night Vision Australia Pty Ltd website and placing orders for Goods Night Vision Australia Pty Ltd website including any Internet provider fees.
PURCHASE ORDERS & DELIVERY OF GOODS
4.1 Orders
You will place an Order on Night Vision Australia Pty Ltd website by selecting Goods and pressing the “Submit Order” button. Orders will be deemed to have been received by Night Vision Australia Pty Ltd at the time of successful transmission of the Order. An Order must be equal to or more than the Minimum Amount.
4.2 Delivery of the Goods
Night Vision Australia Pty Ltd will deliver the Goods to You at the Delivery Address within 48 hours of the next working day of sending an order. The Goods will be delivered regardless of whether or not any person is at the Delivery Address to receive the Goods.
4.3 Delivery Charge
You will be advised by Night Vision Australia Pty Ltd of the delivery charge (or such other fee as may be specified by Night Vision Australia Pty Ltd) in respect of each Order.
RISK & TITLE IN THE GOODS
5.1 Risk and Title
Property and risk in the Goods passes to You upon delivery and payment of the Goods to the Delivery Address.
5.2 Returns or Refunds
You can contact Night Vision Australia Pty Ltd immediately (email address is to be advised), if there is a problem with the quality of the Goods you have purchased. Goods can be returned with 100% refund, providing the goods is in new condition. We will assess your request for a credit or refund of the purchase price. The return goods are limited to within seven (7) days of the goods being received. Outside this time, there will be no refunds
Also due to the nature of the product we cannot accept return of goods for refund where customers have simply changed their mind. In this instance there will be no refunds.
PRICE OF GOODS & PAYMENT
6.1 Price of Goods
The price of the Goods you must pay will be the price shown on the Product List at the time you order the Goods.
6.2 Delivery Charge
You also agree to pay the Delivery charge in respect of each Order.
6.4 Method of payment
You shall pay for the Goods at the time of order and Orders may paid by credit cards (Bankcard, MasterCard, Visa,). Night Vision Australia Pty Ltd also accepts cheque, money order, direct bank credit payable to Night Vision Australia Pty Ltd
PACKAGING & LABELLING OF GOODS
Night Vision Australia Pty Ltd aims to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product List may differ from the Goods actually supplied to You.
OUT OF STOCKS
You will be advised by email from Night Vision Australia Pty Ltd if goods you order are out of stock.
INTELLECTUAL PROPERTY RIGHTS
9.1 You acknowledge that Night Vision Australia Pty Ltd or its related corporations own or are licensed to use all Intellectual Property Rights in Night Vision Australia Pty Ltd (including, but not limited to, any images, photographs or text which appears on the site). You agree that You will make no representation to the contrary, and that You must not use or copy Night Vision Australia Pty Ltd in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
9.2 You acknowledge that any trademarks or logos which appear on Night Vision Australia Pty Ltd website are owned by or licensed to Night Vision Australia Pty Ltd or its related corporations, and that You must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
LIABILITY
10.1 You acknowledge that Night Vision Australia Pty Ltd is provided “AS IS” and that Night Vision Australia Pty Ltd is not making and has not made any warranty or representation as to Night Vision Australia Pty Ltd’ suitability for any particular purpose. You agree that in using Night Vision Australia Pty Ltd website, You are not relying on any statement or representation made by Night Vision Australia Pty Ltd which is not expressly contained in this Agreement.
10.2 You agree that any liability of Night Vision Australia Pty Ltd arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods supplied to You through use of Night Vision Australia Pty Ltd (other than a condition or warranty implied by legislation which does not permit Night Vision Australia Pty Ltd’ liability to be limited as stated in this clause 10.2) will be limited to: – if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and
10.3 You agree that the entire risk arising out of installation, down loading, use or performance of any software remains with You. To the extent permitted by law, You release and discharge Night Vision Australia Pty Ltd and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Night Vision Australia Pty Ltd or this Agreement, including, without limitation, loss or damage caused by the negligence of Night Vision Australia Pty Ltd or its related corporations.
NOTIFICATION OF CHANGES
Night Vision Australia Pty Ltd may add to, delete, or otherwise change any of the terms of this Agreement by giving You notice as provided in clause 15. Your use of Night Vision Australia Pty Ltd after notice will constitute your deemed acceptance of such changes.
PRIVACY & SECURITY
For details on the Night Vision Australia Pty Ltd Privacy Policy, please click on the Privacy Policy link from the homepage.
TERMINATION
Night Vision Australia Pty Ltd may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 15) or by sending You a system message advising that your shopping privileges have been removed. If this occurs, please contact Night Vision Australia Pty Ltd directly (email address is to be advised). Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.
NOTICES
Night Vision Australia Pty Ltd may give notice to You by electronic mail, conventional mail to your address contained in the membership registration information or notice posting on the Night Vision Australia Pty Ltd website. You may give notice to Night Vision Australia Pty Ltd by electronic mail to (email address is to be advised)
PROMOTIONS
Night Vision Australia Pty Ltd may run promotions via fixed price discounts or offering percentage off. Coupon codes may not be used in conjunction with any running offer.
PROVISIONS ARE SEVERABLE
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
New South Wales LAW APPLIES
The laws of NSW Govern this Agreement.
