Glimmer Gear Australia Website Terms & Conditions
1.1. The Glimmer Gear Australia website (“Website”) is owned and operated by ESSAYELLE HOLDINGS PTY LTD (ACN 613 813 942) (“ESSAYELLE HOLDINGS”).
1.2. The agreement that You are entering into by using this Website is between You and ESSAYELLE HOLDINGS (“Agreement”).
1.4. We, Us, Our means ESSAYELLE HOLDINGS.
1.5. You and Your means you as the user of this Website and/or purchaser of Goods from Us, pursuant to these Terms.
1.6. Goods means the products that We offer for sale on this Website and, subject to clause 11.4, includes the recharger provided with the Goods (where applicable).
1.7. If Part of any of these Terms are illegal or unenforceable they shall be severed from these Terms and the remaining provisions of these Terms continue in force.
1.8. A failure or delay by Us to exercise a power or right under these Terms is not a waiver of that power or right, and the does not constitute as a waiver of that power or right, and the exercise of a power or right by Us does not preclude Our future exercise or the exercise of any power or right.
1.9. This Agreement is governed by the laws of Victoria, Australia.
2. LINKED WEBSITES
2.1. We may work in conjunction with other businesses and therefore this Website may contain links to other Websites.
2.2. Links to those Websites should not be construed as any endorsement, approval, recommendation or preference by Us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.
2.3. Unless otherwise stated the linked Websites are not under Our control and We are not responsible for their contents.
3.1. This Website is Our copyright property.
3.2. You are provided with access to it only for Your personal and non-commercial use. You may not, adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website, or commercialise any information, products or services obtained from any part of this Website without Our written permission.
4. TRADE MARKS
4.1. The Glimmer Gear trademarks are owned by Glimmer Gear.
4.2. Other product and company names mentioned on this Website may be the trademarks of other people or entities.
4.3. Nothing contained on the Website grants any licence or right of use of any trademark or part of any trademark displayed on the Website without the express written permission of Us or a third party owner.
5. DISCLAIMER OF LIABILITY
5.1. We are not liable to You or anyone else for any loss in connection with use of this Website or a linked Website.
5.2. We take all reasonable steps to ensure that all details, descriptions and prices which appear on this Website are accurate, however, errors may occur.
5.3. We may choose to not fill any orders (or part of an order) that You have placed where this Website contains errors or inaccuracies, including, without limitation, errors, inaccuracies mis-description of products or out-of-date information regarding pricing, shipping, payment terms, or return policies.
5.4. You must not provide false information when registering Your details or changing Your registration details.
5.5. We are not liable to You or anyone else if interference with or damage to Your computer systems occurs in connection with use of this Website or a linked Website. You must take Your own precautions to ensure that whatever You select for Your use from this Website is free of viruses or anything else that may interfere with or damage the operations of Your computer systems. We do not warrant that Your access to this Website will be uninterrupted or error-free or that any defects will be corrected.
5.6. You must not knowingly transmit or attempt to transmit any virus or other disabling feature to or via this Website.
6.2. You acknowledge that cookies do not identify You as an individual.
6.3. You acknowledge that cookies do identity Your browser type, the operating system You are using, the web page You have visited, Your internet service provider and Your IP address.
6.4. Temporary Cookies remain on Your computer until You close Your browser.
6.5. Permanent Cookies remain on Your computer until You delete them.
6.6. You may change Your browser settings so that the browser does not accept cookies, but certain features of this Website may not function properly as a result.
6.7. We may use both first-party and third-party cookies on our website.
6.7.1. Third-party cookies belong to and are managed by other parties.
6.7.2. Third-party cookies may be required to
188.8.131.52. Allow for detail collection to provide you with a seamless website usage experience.
184.108.40.206. Provide relevant advertising outside of our ActiveEquip website.
ONLINE SHOPPING TERMS & CONDITIONS
7.1. The following clauses 7 to 14 (Online Shopping Terms and Conditions) form part of the Terms and are binding on You.
7.2. Each order You place will be a separate contract between You and Us for the supply of Goods.
7.3. All Goods purchased from this Website are intended for personal non-commercial use only.
7.4. We may restrict, reject or cancel any order(s) at our discretion.
7.5. From time to time, some Goods may be out of stock or unavailable and We may not be able to fulfil all or part of Your order. If this happens, we shall take all reasonable steps to consult with You to take one of the following options
7.5.1. We will endeavour to fulfil your order to the extent that we have stock available, and fulfil the balance of the order once the additional stock is available, or
7.5.2. Your order will be shipped in full when all stock arrives, or
7.5.3. At our discretion we will substitute for alternatives to the same value.
7.6. We may withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time. We will not be liable to You for any loss You or any third party suffer as a result of a withdrawal or suspension of sale of Goods. Where Goods which are the subject of an order have been withdrawn or suspended from sale and Your payment for the Goods has already been processed, We will refund the money paid for those withdrawn or suspended Goods back to You.
7.7. We reserve the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where Your order is affected by an error on the Website (for example, in a description, an image, price or otherwise) we reserve the right to reject that part of the order affected by the error. We will refund monies paid in respect of that part of the order that is affected by the error.
7.8. If Your Order is affected by Our genuine error (including in a description, an image or a price), We reserve the right to cancel Your order and refund any money paid to Us.
7.9. You acknowledge and agree that:
7.9.1. all pictures and images of Goods displayed are for illustrative purposes only;
7.9.2. any accessory featured with the Goods are for illustrative purposes only;
7.9.3. where We provide dimensions and measurements in the description of Goods, the dimensions may vary slightly in real life, and it is Your responsibility to ensure that the actual size of the Goods are suitable for Your purpose prior to submitting Your Order.
8. PRICE & PAYMENT
8.1. When You place an order, We will charge You and You agree to pay the price and any applicable tax and delivery fee.
8.2. All transactions are processed in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including delivery fees) imposed by these Terms also include GST where applicable.
8.3. We reserve the right to change or alter prices without notice to You. If You have already submitted an order at a particular price, We will supply Your goods at that price (unless Your order is affected by a pricing error, in which case clause 5.3 will apply).
8.4. Goods will only dispatched once payment has cleared.
8.5. In paying or attempting to pay for Goods, You agree that You have not engaged in any fraudulent conduct or contravened any law.
10. SHIPPING & DELIVERY
10.1. We ship within Australia and New Zealand.
10.2. Shipping rates and delivery time estimates are outlined here.
10.3. You must carefully check that Your order and delivery address are accurate before You submit an order.
10.4. You acknowledge that it is your responsibility to ensure that there is appropriate and safe access to Your delivery address for delivery of the Goods.
11.1. Our warranty is not to be regarded as a substitution of Your rights as provided by the Australian Consumer Law (“ACL”), but are in addition to the ACL. Where there is any inconsistency, the provisions of the ACL shall prevail.
11.2. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
11.2.1. to cancel your service contract with us; and
11.2.2. to a refund for the unused portion, or to compensation for its reduced value.
11.3. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
11.4. Our Warranty Term is 12 months from the date of purchase, for all Glimmer Gear & Proviz brands. Everything else is as per manufacturer warranty.
11.5. If Goods are not of merchantable quality, contain a defect, or are not in accordance with their description, you are entitled to a repair, replacement or refund at our discretion.
11.6. Where Goods include a recharger, if the recharger malfunctions or stops working within the Warranty Term, we will only replace the recharger.
11.7. To make a claim under Our warranty you will need to:
11.7.1. contact us via telephone on +61 449 146 936 or by email at firstname.lastname@example.org.
11.7.2. provide us with the following:
1. details of the Goods;
2. details of the damage/malfunction/problem; and
3. proof of purchase and proof of the date of purchase.
11.8. If We consider that the Goods may be covered by Our warranty, you will be required to post the Goods to PO Box 557 Greensborough, Victoria, Australia 3088. You must include a pre-paid self-addressed return satchel with Your Goods. Goods will only be returned to You when the pre-paid self-addressed satchel has been received by Us.
11.9. Replacement of Goods or a part of the Goods does not extend the Warranty Term or restart the Warranty Term.
11.10. The Goods will be at the Your risk whilst in transit to and from Us.
11.11. We may seek reimbursement of any costs incurred where Goods are found to be in good working order.
11.12. To the full extent permitted by law, Our warranty will not apply:
11.12.1. if the Goods have not been cared for in accordance with Our care instructions provided to you with the Goods;
11.12.2. to damage, malfunction, or failure resulting from alterations, accident, misuse, abuse, fire, liquid damage, use of incorrect voltage when charging Goods, power surges and dips, thunderstorm activity, acts of God, voltage supply problems, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories;
11.12.3. to damage arising during transportation; or
11.12.4. to any Glimmer Gear good which has not been purchased from Us.
12. CANCELLATIONS & REFUNDS
12.1. Refunds will only be given in accordance with the Terms.
12.2. Refunds will be processed on the same card or to the same account that the original payment was made.
12.3. Please check your order thoroughly before you submit and pay for your order. Refunds will not be given where Goods are ordered in error.
12.4. Refunds will only be offered in the case of faulty goods or as a last resort when no other alternative can be arranged.
13. RETURNS & EXCHANGES
13.1. We are happy to exchange goods if You happen to choose the wrong size or colour.
13.2. Goods must be in the condition we sent them to You in, meaning unused, undamaged, all tags and packaging as new
13.3. To arrange an exchange or return You must contact us so that an exchange or credit can be arranged
13.4. To contact us email us at email@example.com
13.5. The postage costs for the first exchange request for an order will be covered by us.
13.5.1. Subsequent exchange requests for an order will only have postage to you covered by us.
13.6. All goods returned to us must have tracking applied.
13.7. Your original item must be in the same condition it was posted to You upon its return to us.
13.8. All return postage costs must be met by You.
13.9. No returns will be given for change of mind.
13.10. If goods are not assessed to be in the same condition as you received them when they arrive with us or security seals are removed a minimum restocking fee of 15% will be applied.
14. RISK & LIABILITY
14.1. Risk and title in the Goods pass to You on the date and time that the goods are set aside for delivery to You.
14.2. You represent and warrant to Us that We will not be liable for any expense or injury (including indirect loss such as loss of, profits, anticipated savings, goodwill or business opportunity revenue, injury to Your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms, use of the Website and/or in relation to the Goods purchased.
14.3. Our liability to You for loss or damage of any kind arising out of these Terms will be reduced by extent that You cause or contribute to the loss or damage.
14.4. Our maximum liability will be the cost of the defective goods.