Terms and conditions
BLUNT AUSTRALIA TERMS AND CONDITIONS
In order to use bluntumbrellas.com.au you must read and agree to our Website Terms and Conditions.
This Website is owned and operated by Torrential Pty Limited (ABN 65 613 142 064) (“Torrential”).
The following Terms and Conditions govern the use of the Site ("Site"), the materials and information contained therein and related services made available to you via this Site.
If you do not agree to these Terms and Conditions, please do not visit or use the Site.
By using the Site in any way, or by buying Goods from us, you agree to be bound by the following Terms and Conditions.
The Terms and Conditions are effective until terminated by Torrential and Torrential may terminate this agreement and your access to the Site at any time without notice.
In the event of termination you are no longer authorised to access the Site,
but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.
EXCLUSION OF LIABILITY AND OVERALL DISCLAIMER
The materials and information provided on this Site and related communications are provided on an "as is" basis.
Torrential assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site.
Any reference to products or services on this Site is for information purposes only and does not constitute an endorsement or
a recommendation of those products or services by Torrential.
Subject to any non-excludable provisions in the Competition and Consumer Act, 2010 (Australia),
Torrential expressly disclaims any implied or express warranties or conditions of any kind,
including warranties of merchantable quality, fitness for a particular purpose,
or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site.
Torrential shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect,
consequential or incidental damages, and including, but without limitation,
damages resulting from use of or reliance on the materials or information presented on this Site,
loss of profits or revenues, business interruption,
loss of programs or other data on your information systems or costs of replacement goods, or otherwise,
even if Torrential is expressly advised of the possibility of such loss or damages.
CONTACTING THE SITE
If you have any questions about Torrential’s Website Terms and Conditions or the practices of Torrential with respect to personal information or your dealings with this Site,
you can contact us email@example.com or via telephone at 1300 783 101.
These Terms and Conditions are governed by the laws in force in New South Wales,
Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales,
Australia and any courts, which may hear appeals from those courts.
Nothing contained in these Terms and Conditions derogates from Torrential’s right to comply with law enforcement requests or
requirements relating to your use of this Site or information provided to or gathered by Torrential with respect to that use.
On this Site: " Torrential " means Torrential Pty Limited (ABN 65 613 142 064),
trading as Torrential and its subsidiaries, associates and officers unless otherwise stated.
"Other Website" means websites of persons or entities other than Torrential, which are linked to and, from this Site.
"Your Information" means any information from which your identity is apparent or can be reasonably be ascertained.
"Site" means the whole or any part of the web pages located at www.bluntumbrellas.com.au (including the lay-out of this Site, individual elements of the Site design,
underlying code elements of this Site, as well as text, sounds, graphics, animated elements or any other content of this Site.)
"We" and "us" and “Torrential” refer to Torrential, and "our" has the same meaning.
"Third Parties" means persons or entities represented on the Site other than TORRENTIAL.
© 2013 Torrential All Rights Reserved. Not to be reproduced. All third party trademarks mentioned or displayed on this Site are the property of their respective owners.
1. TORRENTIAL’s CONTRACT WITH YOU The following terms and conditions apply:
1.1 So far as the context allows, to you as a visitor to the Site; and
1.2 in any event to you as a buyer or prospective buyer of the Goods supplied by Torrential.
1.3 Torrential shall accept your order by sending you an e-mail confirmation. That is when the TORRENTIAL contract is made. TORRENTIAL will confirm details of your purchase and tell you when we shall dispatch your order. Normally this will happen the next working day following the day of your order.
1.4 TORRENTIAL may change these terms and conditions from time to time. The terms and conditions that apply to you are those posted here on the Site on the day you order Goods.
1.5 In the event that Goods advertised on the Site are not in stock, you will be provided with the lead times for when the product you are ordering will be available for dispatch.
1.6 If, in future, you buy Goods from TORRENTIAL under any arrangement which does not involve your payment via the Site, these terms and conditions still apply.
1.7 If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order. 1.8 No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.
2. YOUR ACCOUNT WITH TORRENTIAL
2.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. TORRENTIAL needs this information to provide you with the Goods you purchase.
2.2 If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
2.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell TORRENTIAL immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
2.4 TORRENTIAL reserves the right to terminate and/or refuse you access to the Site at any time.
3. PRICES AND PAYMENT
3.1 All prices that appear on the Site are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST).
3.2 If you are purchasing Goods from the Site and you reside outside Australia, and the Goods you purchase will be delivered to an address outside Australia, you will not be charged GST.
3.3 TORRENTIAL endeavours to keep the Site and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
3.4 Banking charges by the receiving bank on payments to TORRENTIAL will be borne by TORRENTIAL. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
3.5 Shipping costs for orders to be delivered in Australia over $150 will be free of charge, for orders to be delivered within Australia under $150, a flat fee of $10 will be charged. Please note that bulky items incur an additional cost and we will email you a quote with the correct shipping amount. For all international deliveries please complete your order and contact us for a shipping quote.
3.6 TORRENTIAL currently uses the paypal Payment Gateway for online credit card transactions. TORRENTIAL reserves the right to change this at anytime.
3.7 TORRENTIAL also accepts payment for Goods by standard PayPal. Please refer to your PayPal account for their Terms and Conditions.
3.8 TORRENTIAL also accepts funds by electronic funds transfer (EFT). Please refer to your Bank for any charges that may apply for payment by EFT.
4.1 Deliveries will be made by TORRENTIAL’s nominated carrier. Delivery times within the Sydney metropolitan area is next working day delivery, all other capital cities will be delivered in 2-3 working days. All other locations, including regional and remote locations, please allow 5-7 working days. International delivery times will vary and may be outside our control dependent upon the delivery systems of the Country in which you live.
4.2 If TORRENTIAL is unable to deliver your order and we are unable to contact you after 10 days from the first time we attempted delivery, we will cancel your order and return money paid for the goods. We will retain any charge we made for delivery.
4.3 TORRENTIAL may deliver the Goods in instalments if they are not all available at the same time for delivery.
5. CANCELLATION OF ORDER / REFUND POLICY
5.1You may cancel your order at any time before TORRENTIAL dispatch your order.
5.2 Cancellation of your order must be done by email to firstname.lastname@example.org.
5.3 If you cancel your order before we have dispatched the Goods, TORRENTIAL will refund to you the price of the Goods.
5.4 The option to cancel your order is not available if the Goods are:
5.4.1 made or altered to your specification;
5.4.2 specially ordered from the manufacturer on your request.
5.5 You are responsible for the cost of returning the Goods as well as for the proper packaging to ensure the Goods are returned in original condition.
5.6 Returns must be approved at TORRENTIAL’s discretion. Prior to returning goods, email email@example.com with notification of and reason for the return or in writing to our land address as identified at the beginning of these Terms and Conditions. TORRENTIAL will respond with instructions on how to proceed and will supply a Return Authorisation number. TORRENTIAL will not accept return of goods without a Return Authorisation number. All postage costs to return the Goods are to be incurred by you. We recommend that you return the product via Registered post and that you pre-pay all postage. You assume any risk of lost, theft or damaged goods during transit; therefore TORRENTIAL recommend you take out shipment registration and insurance with your postal carrier. TORRENTIAL will not be responsible for parcels lost or damaged in transit.
5.7 We will refund your money within 30 days pending return of the original, undamaged good(s) within the timeframe outlined above. TORRENTIAL will not refund your money if the Goods are not returned.
5.8 This paragraph does not affect your rights in the event that the Goods are faulty.
6. GOODS RETURNED
6.1 TORRENTIAL endeavours to ensure your absolute satisfaction. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
6.1.1 exactly what is the fault;
6.1.2 the date, if relevant, when the fault became apparent;
6.1.3 when and how you discovered the fault;
6.1.4 how the fault affected your use of the Goods;
6.2 Warranty cases are treated separately. For details of TORRENTIAL’s warranties, please refer to the warranty section and contact us directly via email at firstname.lastname@example.org if you have any questions relating to warranties for a particular Good.
6.3 To return Goods it is essential that you follow the instructions set out below. These provisions apply in the event that you return Goods to us because you say they are faulty.
6.4 Before returning Goods to TORRENTIAL, you must contact TORRENTIAL via email at email@example.com. Returns must be approved at TORRENTIAL’s discretion. TORRENTIAL will respond with instructions on how to proceed and will supply a Return Authorisation number. TORRENTIAL will not accept return of Goods without a Return Authorisation number. All postage costs are to be incurred by you. TORRENTIAL recommend that you return the product via Registered post and that you pre-pay all postage. You assume any risk of lost, theft or damaged goods during transit; therefore TORRENTIAL recommend you take out shipment registration and insurance with your postal carrier. TORRENTIAL will not be responsible for parcels lost or damaged in transit if you choose not to insure.
6.5 The Goods must be returned to us as soon as any defect is discovered.
6.6 Goods must be returned:
6.6.1 with Goods and all packaging, as far as possible, in their original condition;
6.6.2 securely wrapped in order to protect the Goods from damage during return;
6.6.4 at your risk and cost.
6.7 In the case of a warranty repair, please refer to the Warranty section of these Terms and Condition.
7. FOREIGN TAXES, DUTIES AND IMPORT RESTRICTIONS
7.1 If you are not in Australia, TORRENTIAL has no knowledge of, and no responsibility for, the laws in your country.
7.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
8.1TORRENTIAL or our Content suppliers may make improvements or changes to the Site, the Content, or to any of the Goods, at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable on any large website. Whilst the product information has been carefully checked, (as it is often translated), its accuracy cannot be guaranteed.
8.3 TORRENTIAL give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods for your purpose;
8.3.2 the truth of any Content on Our Website published by someone other than us;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
8.3.4 compatibility of the Site with your equipment, software or telecommunications connection.
8.4 The Site contains links to other Internet websites outside TORRENTIAL’s power and control. You acknowledge and agree that TORRENTIAL shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
8.5 TORRENTIAL is 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 the Site or the purchase of Goods.
8.6 In any event, including the event that any term or condition or obligation on our part ("Implied Term") is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
8.7 The above two sub paragraphs do not apply to a claim for personal injury.
9.2 Any information collected by TORRENTIAL is collected via correspondence from you. This may be via the telephone, Email, mail, fax or directly through our website.
9.3 Any details collected from TORRENTIAL customers is required in order to provide you with our products and/or services, and a high level of customer service.
9.4 The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, the information will be encrypted using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details.
9.5 We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
9.6 If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at firstname.lastname@example.org
9.7 If you purchase Goods from TORRENTIAL, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
9.8 TORRENTIAL uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at email@example.com
9.9 TORRENTIAL may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose.
9.10 TORRENTIAL does not share any information with third parties for any unknown or unrelated uses.
9.11 We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on the Site.
10. YOUR EMAIL ADDRESS
10.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
10.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
10.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
11.CONTENT AND INTELLECTUAL PROPERTY RIGHTS
11.1 TORRENTIAL will defend the intellectual property rights in connection with TORRENTIAL Goods and the Site, including copyright in the Content whether provided by TORRENTIAL or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
11.2 TORRENTIAL also claim copyright in the designs and compilation of all Content of the Site. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
11.3 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.
11.4 You may not use the TORRENTIAL name or logos or trademarks or any other Content on any website of yours or that of any other person. All trademarks, brands and names appearing on this site are the property of their respective owners.
11.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content. Images are representative only and copyright to the owners.
12. SYSTEM SECURITY
12.1 We will do our best to maintain the Site so that you have constant use, but there will be times when your use may be interrupted.
12.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
12.3 You may not use any software tool for the purpose of extracting data from our website.
12.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
13.1 You agree to indemnify TORRENTIAL against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of the Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
14. MISCELLANEOUS PROVISIONS
14.1 When TORRENTIAL communicates with you, TORRENTIAL will 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.
14.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
14.3 Nothing in this agreement or on the Site shall confer on any third party any benefit or obligation.
14.4 If any of these terms 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.
14.5 No waiver by TORRENTIAL, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and TORRENTIAL, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14.7 TORRENTIAL is not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
14.8 This Agreement shall be governed by and construed in accordance with the law of Australia. Legal proceedings will take place in Sydney, New South Wales. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
15.1 Goods purchased from Site carry the full international warranty, if any, as specified by each manufacturer.
15.2 All international warranties will be honoured under the following provisions:
15.2.1 you must keep your original receipt as proof of purchase;
15.2.2 no unauthorised repairs or parts have been conducted or used on the Goods prior to the warranty claim,
15.2.3 warranty returns must be securely packaged to prevent damage during transit
15.3 Before returning Goods to TORRENTIAL for repair under warranty, you must contact TORRENTIAL via email at firstname.lastname@example.org in writing to our land address as identified at the beginning of these Terms & Conditions. Returns must be approved at TORRENTIAL’s discretion. TORRENTIAL will respond with instructions on how to proceed and will supply a Return Authorisation number. TORRENTIAL will not accept return of Goods without a Return Authorisation number. All postage costs are to be incurred by you. TORRENTIAL recommend that you return the product via Registered post and that you pre-pay all postage. You assume any risk of lost, theft or damaged goods during transit; therefore TORRENTIAL recommend you take out shipment registration and insurance with your postal carrier. TORRENTIAL will not be responsible for parcels lost or damaged in transit if you choose not to insure.