Terms and Conditions
In respect to these Terms and Conditions:
- “We”, “Our” or “Us” are defined to mean Smartcave Pty Ltd.
- “Website” means this website and the whole or any part of the web pages incorporated in this website
- “User”, “Buyer”, “You” or “Your” means the person who accepts these Terms and Conditions
The Website and its contents are subject to copyright. The Website also includes registered trademarks, and other trademarks that are otherwise protected by law. It is prohibited to use or misuse any of these trademarks unless explicitly authorized.
The following terms and conditions apply to the use of the Website; including, but not limited to, ordering, purchase, fulfilment and delivery of goods purchased on the Website. By using the Website, You acknowledge that You have read and understood the terms and conditions set herein and agree to be legally bound by them. Please read the following carefully before registering with Us and placing Your order. Furthermore, if You do not understand any of the terms and conditions set below, please contact Us directly using the Contact Us page.
Smartcave reserves the right to modify the Website or these Terms and Conditions at any time. The contractual relationship between You and Us is governed by whichever version of these Terms and Conditions was posted at the time of the placement of Your order. If any section of these Terms and Conditions is unenforceable, the other sections of these Terms and Conditions are unaffected and remain in force. Any failure to enforce these Terms and Conditions, in whole or in part, on our part or your part, does not affect the enforceability of these Terms and Conditions in the future.
You do not have the right to assign any of Your obligations or rights under these Terms and Conditions, directly or indirectly and in whole or in part, to any other person or entity without the prior written consent of Smartcave. The unauthorised assignment of any such obligations or rights will be considered null and void.
These Terms and Conditions are governed by the laws of the State of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts, which may hear appeals from those courts in respect of any proceedings in connection with or arising out of this agreement or the website. You may visit the ACCC website at www.accc.gov.au for additional information on your consumer rights.
Website & Operational
A.1 Your use of the Website, any processes, programs or other related sites, is governed by, construed and enforced in accordance with the laws of Queensland, Australia. Disputes arising from Your use of this Website, any processes, programs or other related websites, are exclusively subject to the jurisdiction of the courts of Queensland, Australia. Smartcave makes no representations that the content of this Website complies with the laws, including intellectual property laws, of any other country outside Australia. Accessing this Website outside of Australia is at User’s own risk.
A.2 The Website may contain links to other websites. We do not carry any responsibility for maintenance, privacy practices, or contents of these external links. Furthermore, Your access to any of these websites is solely at Your own risk.
A.3 The User is ultimately responsible for maintaining the confidentiality of User’s account and password. By accepting these terms, the User agrees to bear any responsibility for all activities that occur under the User’s account. We also reserve the right to terminate accounts, modify or remove content, refuse service or cancel orders at Our own discretion.
A.4 Error-free, accessible or timely operation of this Website is not warranted under these Terms and Conditions. We reserve the right to modify this Website (or any part of it) and to terminate its operation without any liability on our part.
A.5 We do not take any responsibility for any potential viruses, malicious software, computer code or other forms of interference which may damage User’s computer system as a result of using the Website or any related processes, programs or other affiliated websites.
A.6 It is Your responsibility to ensure that Your access or use of this Website is not illegal or prohibited by laws applicable to You.
B.1 All prices displayed on the Website are in Australian dollars (AUD) and are inclusive of GST.
B.2 The product range offered on the Website includes products and models: i) sourced from local distributors and available at our local Toowoomba depot for immediate dispatch; and ii) imported via our distribution channels in USA, Russia or China. Some imported products/models might differ from the ones designed for the Australian market. For example, imported products might not be designed for Australian power outlets. Such products will be supplied with appropriate adaptor(s) suitable for Australian consumption, free of charge. Smartcave does not assume any responsibility or liability for any damages arising from consequential use of the imported products and/or the associated adaptor(s).
B.3 Title and risk for any of the products are passed on to the Buyer on signing for delivery of the products, unless the signature requirements were waived by the customer. In this instance, title and risk for any of the products are passed on to the Buyer once the products have been dispatched.
B.4 Smartcave makes every effort to list accurate and current prices on the website at all times. However, We reserve the right to change the prices displayed on the Website without any prior notice. Also, where product’s actual price is higher than the advertised price, We reserve the right to contact the Buyer with a revised price or to cancel Buyer’s order and notify the Buyer of the cancellation.
B.5 All advertised prices do not contain shipping or delivery costs, which may vary among individual items.
B.6 Any displayed or mentioned MRRP (manufacturer recommended retail price) represents the retail price listed on the product either in accordance to manufacturer, retailer or supplier, or estimated in accordance with current market or relevant industry practice. We reserve the right to, at any time, modify or remove any of the descriptions, specifications of or any other data related to any of the products displayed or depicted on this Website without any prior notice.
B.7 Although We base Our research and information provision practices on the most reliable sources and methods, it is possible for any of Our product information, including, but not limited to, descriptions, specifications, reviews and images, to contain errors, omissions, or inaccuracies. Smartcave does not carry any responsibility for the aforementioned errors, omissions or inaccuracies related to any of the products contained on this Website.
C.1 Along with your purchase order, these Terms and Conditions form a contract (or agreement) between Smartcave and You. This contract may not be changed unless Smartcave consents to any change in writing.
C.2 If You are under the age of 18 years, You cannot place orders with Us; hence, by placing an order You acknowledge that You are minimum 18 years of age. We do not hold any responsibility for the purchases placed on the Website by persons under the age of 18; and hence will not cancel any orders on this basis. If Smartcave suffers any loss, financial or otherwise, because you are less than 18 years of age and you placed an order with Us, Smartcave may, in its discretion, pursue compensation for such a loss from your adult parent(s) or legal guardian(s) because you attempted to engage in a transaction with Smartcave.
C.3 The Website and product information sets up an invitation to treat. The Website and product information is not an offer to supply products; however, in the event of an order, we will make every reasonable effort to supply the products in Your order to You.
C.5 Your order will not be legally accepted by Us, and a contract will not be created between Smartcave and You, until Your order is validated internally and verified to be free of credit card or other identity fraud. We reserve the right to refuse to fulfill your order, end your account, remove content including product information from the Website, and otherwise cancel orders.
C.6 Smartcave strongly urges you to please choose carefully and only place your order when you are completely ready. Once an order has been placed, We might charge an administration fee of $20 per change or amendment to the order (including address changes, product colour changes, and/or the cancellation of the order).
C.7 We do not hold any responsibility for any orders that are declined, cancelled, delayed or not accepted due to disruptions with internet connections or any other technical issues affecting Us or our Users.
C.8 We aim to only offer products that are readily available to ship. From time to time however, you may order and pay for a product that is not readily available for shipping. If we determine that we do not have a particular product/s in stock, then We will use reasonable endeavours for 30 days to order the relevant product/s (“Pre-Ordered Product/s” and “Back-Ordered Product/s”). We will notify You of the anticipated delivery date and other relevant details.
C.9 We understand that You may not always want to wait for a Pre-Ordered or Back-Ordered Product/s. If You wish to cancel a Pre-Order or a Back-Order, you can do so while the order is still processing by contacting our Customer Service by visiting the Contact Us page. We will refund the full amount that you paid for the product. You cannot cancel an order once it has been processed and you have been issued with an electronic Invoice by Smartcave
C.10 We reserve the right to cancel any order, including standard order, back-order, and pre-order, at our own discretion. This may happen when the requested product is unavailable, or if there is an error in the product’s price and/or description posted on the Website. In an event of cancellation, funds paid in relation to the cancelled Order will be refunded in full. The Buyer will be contacted with the details of the cancellation and refund via e-mail.
D.1 We do not accept any liability, including, but not limited to, liability for loss or damage suffered as a result of any delays applicable to product delivery. All delivery times are estimates and Smartcave does not hold responsibility for their accuracy, as shipping process itself is usually outside of Our control.
D.2 When your order has shipped, you will be notified via email. If, after your payment is received, your order cannot be processed and/or shipped, you will be contacted via email or phone.
D.3 We only deliver products to locations within the Commonwealth of Australia.
D.4 Delivery of goods will usually require Buyer’s signature upon reception. However, where the Buyer gives a written authority for the products to be delivered without a signature, any included insurance cover will be void.
D.5 We are not responsible for the date and time of delivery of any product once it has been dispatched with the nominated courier. It is up to the Buyer to check on status and time frames of delivery with the nominated courier.
Returns and Warranty
E.1 We recommend that You choose carefully before purchasing a product as no returns are permitted where the Buyer is simply unhappy with their purchase or has changed his/hers mind. You may visit the ACCC website at www.accc.gov.au for additional information on your consumer rights.
E.2 A delivered product is determined to be Dead on Arrival (DOA) if it is not of acceptable quality when first removed from its original packaging. The Buyer should notify Smartcave about any DOA claims within 72 hrs of product delivery in order to facilitate a faster and efficient product return process. Our Customer Service will make a DOA determination with reference to the relevant legislation contained in the Competition and Consumer Act 2010 (formerly known as the Trade Practices Act 1974). In the case of a DOA determination, Smartcave will issue a refund or a replacement to you for a DOA product if there has been a major failure. You have the discretion as to whether you receive a refund or a replacement product in the event that there has been a major failure. Any refunds will not include any associated (original or future) shipping costs. The Buyer is responsible for shipping, insurance or transportation charges from you to us or for us to return a product to you, or any import fees, duties and taxes.
E.3 Our products are covered by a 12 month limited warranty. The benefits given to you in the warranty are additional to, and do not detract from, any rights and remedies that you may have under Australian Consumer Law (ACL). Specifically, you are entitled to a replacement or refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Where a failure does not amount to a major failure, Smartcave is entitled to choose between providing you with a repair, replacement, or other suitable remedy. The Buyer is responsible for shipping, insurance or transportation charges from you to us or for us to return a product to you, or any import fees, duties and taxes.
E.4 The provided warranty is extended only to the User or the person receiving the product as a gift, and shall not be extended to any other person or transferee.
E.5 The provided warranty does not cover defects resulting from improper or unreasonable use or maintenance; failure to follow operating instructions; accident; excess moisture; insects; lightning; power surges; connections to improper voltage supply; unauthorized alteration or modification of original condition; damages caused by inadequate packing or shipping procedures; loss of, damage to or corruption of stored data; damages caused by use with non-authorised products.
E.6 The provided warranty is void if the label on a product bearing the serial number (or other type of item identification) has been removed or defaced.
E.7 Products returned for repair, as part of the provided warranty, may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
E.8 The Buyer is responsible for shipping (insurance and transportation) charges from you to us and/or for us to return a product to you, as well as any import fees, duties and taxes (if applicable).
E.9 In order to obtain a refund, exchange or to repair a product You must have clear proof of purchase. If We cannot be satisfied that you purchased the product from the Website then, under the law, Smartcave is entitled to elect whether or not to accept your product for return.
Disclaimer & Statement of Liability
F.1 Smartcave cannot be held liable for damage or loss for failing to perform any of its responsibilities and obligations, as defined in these Terms and Conditions and in the contract created by a product order, if such failure is the result of any factor which is outside its control, including acts of God. Acts of God include, but is not limited to: fire, flood, earthquake, or other natural disaster; war, terrorism, government-imposed sanction, labour dispute, and interruption of telephone, electrical, or Internet services. In the event that any such Act of God occurs, you grant us a reasonable time to perform our services and obligations in accordance with these Terms and Conditions.
F.2 Smartcave excludes liability for all consequential loss and any damages, whether direct or indirect, incidental or consequential, arising from the use of any products purchased by You on this Website, including but not limited to:
liability for loss of income, loss of personal or business profits, loss of a contract, data loss, loss of goodwill, loss of potential business, “downtime”, costs of data or systems recovery, reproducing lost data or programs, loss of confidentiality, or any damage to personal property or any personal injury, whether direct or indirect, of any kind, unless: (a) such loss could have been expected to result from a failure by Smartcave to meet a consumer guarantee and any such loss was reasonably foreseeable; (b) where Smartcave is the manufacturer or importer of the relevant Product, such loss has arisen due to the relevant Product having a safety defect within the meaning of section 9 of the Australian Consumer Law and further that none of the defences established by section 142 of the Australian Consumer Law apply to the relevant Product/s.
F.3 Smartcave can in no way be held responsible for any damage to or loss of any data, applications, programs, or other information stored on any electronic or computing products We offer for sale on the Website. Recovery of any such data is not covered under warranty. In the event of an electronic or computing product that is returned to us for refund or a replacement product, Smartcave can in no way be held responsible for any data left on any electronic or computing product which has been returned to us for refund or replacement. It is your obligation before sending any such electronic or computing products to us to carry out all necessary backups of any data or other information contained on the electronic or computing product.