Terms & Conditions
The FIRM 1 SUPPLIES Pty
ltd Online web site is owned and operated by FIRM 1 SUPPLIES Pty Ltd (ABN 53
635 946 048).
By using or accessing
this site you acknowledge that you have read, understood, and agree to be bound
by these Terms of Use. If you do not agree to these Terms of Use, please do not
use this site.
Governing Law
FIRM 1 SUPPLIES
controls and operates this web site from its office within Australia. Our Terms
of Use are governed by the laws of the State of New South Wales. You and FIRM 1
SUPPLIES agree to submit to the non-exclusive jurisdiction of the courts of New
South Wales. If you choose to access this site from another location, you are
responsible for compliance with applicable local laws.
Revisions of Terms of Use
FIRM 1 SUPPLIES may
revise or amend these Terms of Use at any time at our absolute discretion by
posting revised terms. You agree that, in the event that any portion of these
Terms of Use is found to be unenforceable, the remainder of these Terms of Use
remain in full force and effect. Any revisions will be effective immediately.
By continuing to use this site after any revision becomes effective, you agree
to be bound by these Terms of Use as so revised. You should therefore
periodically visit this page to determine the then current Terms of Use to
which you are bound.
Site Contents, Ownership & Use
Restrictions
The material on this
site is protected by copyright under the laws of Australia and other countries
through international treaties.
Unless otherwise
indicated, all rights (including copyright) in all content, other material and
compilations contained in, or used to create or support this site including
text, graphics, logos, button icons, video images, audio clips and navigational
and other software (collectively referred to as the Contents) are owned or
controlled, and are reserved by FIRM 1 SUPPLIES and it's related companies,
affiliates, licensors and licensees.
Personal, Non-commercial Use
Permission is granted
to display, copy, distribute, download, and print in hard copy portions of this
site solely for the proper and reasonable purposes of:
- Placing an order with FIRM 1
SUPPLIES; or
- Using this site as a shopping
resource, provided that you do not modify the site and that FIRM 1
SUPPLIES retains all copyright and other proprietary notices contained in
the Contents.
You must not, without
our prior written permission, exploit any of our site materials for commercial
purposes or other purposes that are not expressly permitted under these Terms
of Use.
Prohibited Conduct
You are not
authorised, without the prior written permission of FIRM 1 SUPPLIES and each
other owner of rights in content that you access via the site, to reproduce,
frame, download, store (in any medium), communicate, show or play in public,
adapt, change, or create a derivative work from that content.
No trade mark (whether
registered or otherwise) that is contained on this site or otherwise used by FIRM
1 SUPPLIES may be used without our prior, specific, written permission or that
of the trademark owner.
Please note that the
permission granted to use material on the site terminates automatically if you
breach any of these Terms of Use.
Protecting Your Log on Details
You agree to take
responsibility for the safekeeping of your user name and password. You are
liable if your user name or password is used by an unauthorised person. You
agree to release and indemnify FIRM 1 SUPPLIES in connection with any use
(whether authorised or unauthorised) of your user name or password. FIRM 1
SUPPLIES may suspend or cancel your account at any time without prior notice.
Security & Privacy
FIRM 1 SUPPLIES will
comply with FIRM 1 SUPPLIES's Privacy & Security policy. FIRM 1
SUPPLIES will not reveal your personal information to external organisations
except for the purposes of fulfilling your order.
Your Feedbacks
You grant FIRM 1
SUPPLIES an irrevocable, non-exclusive licence to use any material, information
and ideas that you transmit to this site or otherwise provide to FIRM 1
SUPPLIES from the time you authorise it to be sent. You agree that we can use
and adapt any ideas, concepts, techniques, words, images or other content
contained in these transmissions for any purpose and without restriction or
compensation.
General Prohibitions
You must not upload,
post, transmit or otherwise make available through the site any material which:
- violates or infringes the
rights of others (including their privacy and intellectual property
rights);
- is unlawful, threatening,
abusive, defamatory, invasive of privacy, vulgar, obscene, profane or
which may harass or cause distress or inconvenience to, or incite hatred
of, any person;
- encourages conduct that would
constitute a criminal offence, give rise to civil liability or otherwise
violate any law;
- restricts or inhibits any other
user from using or enjoying the site;
- affects the functionality or
operation of the site or its servers or the functionality or operation of
any user's computer systems (e.g. by transmitting a computer virus or
other harmful component, whether or not knowingly); or
- breaches any standards, content
requirements or codes promulgated by any relevant authority, including
authorities that require FIRM 1 SUPPLIES to take remedial action under any
applicable industry code.
Indemnity
You agree to indemnify
and will keep FIRM 1 SUPPLIES indemnified against any claim, demand, injury,
damage, loss, expense, cost or liability (whether direct or indirect) made
against or suffered by FIRM 1 SUPPLIES in connection with your use of this
site, your breach of these Terms of Use or your breach of any rights of third
parties.
2.
Buying Products from our Website
Ordering Goods
Any order placed by
you in the manner described in this site is an offer by you to purchase a
particular product or service for the price (including the delivery and other
charges) specified on this site at the time you place your order. You
acknowledge that, by placing your order, you are agreeing to pay for and accept
delivery of the goods ordered unless you ask us to cancel that order within
reasonable timeframe, and we send you written confirmation of the cancellation
prior to the goods being dispatched to you.
FIRM 1 SUPPLIES may
change the prices published on this website at any time. While every effort has
been made to ensure the accuracy of prices and information displayed on the FIRM
1 SUPPLIES website, FIRM 1 SUPPLIES reserves the right to accept or reject your
offer for any reason, including without limitation, the unavailability of any
product, an error in the price or the product description posted on this site,
or an error in your order. We may require additional verification or
information before accepting any order. We only accept orders from within
mainland Australia and Tasmania. Within this area, our policies as to delivery
and returns apply as set out in these Terms of Use.
FIRM 1 SUPPLIES
reserves the right to restrict sales to retail quantities when supplying
resellers and distributors.
Purchasing & Payment
For each online order,
you must pay:
- the applicable price for the
relevant goods confirmed by FIRM 1 SUPPLIES; and
- the delivery and handling fee
specified on the website at that time.
Your order and credit
card details will be securely handled and protected. All personal and credit
card information provided to FIRM 1 SUPPLIES is encoded using Secure Sockets
Layer (SSL) technology, an encryption protocol that protects data as it travels
over the Internet. At this stage we can only accept payments using PayPal,
direct deposit, credit cards or payments in store, COD is not accepted. Payment
must be cleared before the goods are dispatched unless you have approved credit
account with FIRM 1 SUPPLIES.
Security Deposit
A 20% security deposit
may be required for special order. This security deposit is non-refundable for
changes of mind or cancellations by customer (subject to customer's rights
under the Australian Consumer Law).
Delivery & Store Pickup
All orders placed
through this website are subject to confirmation and acceptance by FIRM 1
SUPPLIES. We may vary prices in the event of price changes or mistakes made by
suppliers on reasonable prior notice to you. If we request payment for
increased prices, you may cancel the order by giving notice to FIRM 1 SUPPLIES,
which must be received within seven days of the announcement of the increase.
FIRM 1 SUPPLIES or its
agent will deliver the goods you order to the address you specify in your
order, within the agreed time frame, subject to their availability. Where the
goods are not available we will notify you of this as soon as possible. Anyone
at the delivery address who receives the goods will be presumed to be
authorised to receive the goods.
If your goods include
products in respect of which the law prescribes a minimum age for purchase, you
must be over the age of 18 years (or such other minimum age as is prescribed by
the law), and you must ensure that a person over that age is available to
accept delivery of the goods. FIRM 1 SUPPLIES or its carrier may refuse to deliver
the goods if the person receiving the goods is unable or unwilling to provide
evidence of proof of age. If there is no one at the delivery address or no one
of appropriate age to receive the order causing the item to be returned to
sender, FIRM 1 SUPPLIES may charge you additional delivery fees to resend the
goods.
Title & Risk
Title to the goods
purchased on this site does not pass from FIRM 1 SUPPLIES to you until we have
received payment in full for the goods. All risk in the goods passes to you
upon delivery.
Returns Policy & Refunds
All product returns
are subject to FIRM 1 SUPPLIES's Returns Policy, which forms part
of these terms and conditions.
Product Information, Prices & Photos
Accessible capacity of
hard drives may be less due to pre-installed software and recovery partitions.
Up to 8GB used for recovery partition may be unavailable. Recovery discs not
included with some brands of desktop PCs & notebooks.
FIRM 1 SUPPLIES aims
to include up-to-date pictures and specifications of all of the goods. However,
our picture and/or description of the goods may differ from the actual goods.
We recommend you read the labels on the goods carefully before using the goods.
Images are for illustration purposes only, actual product may differ. With the
exception of information relating to FIRM 1 SUPPLIES pricing and stock
availability, all product information has been provided by the relevant
original equipment manufacturer and/or vendor and not FIRM 1 SUPPLIES, and FIRM
1 SUPPLIES has included it on this Website as a convenience only. The Customer
should confirm all product descriptions and specifications with the relevant
original equipment manufacturer or vendor before purchase.
Disclaimer of Liability
To the extent
permitted by law, FIRM 1 SUPPLIES will not be liable in contract, tort
(including negligence) or otherwise, for any direct, indirect, special,
consequential or punitive loss or damages or any loss or damages whatsoever,
including (but not limited to) loss of use, data, or profits, arising out of or
in connection with:
- The use, copying, or display of
the contents of this site.
- Goods or services supplied by FIRM
1 SUPPLIES under these Terms of Use.
- A failure or omission on the
part of FIRM 1 SUPPLIES to comply with its obligations under these
Terms of Use.
Disclaimer of Warranty
FIRM 1 SUPPLIES is
providing this site and its contents on an 'as is' basis and use of this site
is at your own risk. The content is believed to be accurate, complete, current
and reliable at the date the information was placed on the site. FIRM 1
SUPPLIES and its related companies, affiliates, licensors or licensees, and
their respective directors, officers, employees or agents make no
representation or warranty as to the accuracy, completeness, currency or
reliability of the information contained on this site (including in relation to
any products or services).
To the extent
permitted by law, including any non-excusable statutory obligations, none of
them will be liable or responsible in any way (including in negligence) for
errors in, or omissions from, the information contained on this site. To the
extent permitted by law, FIRM 1 SUPPLIES expressly disclaims all warranties of
any kind, whether express or implied, including (without limitation) implied
warranties or conditions of merchantability or fitness for purpose.
Limitation of Liability
Our total liability to
you (if any) in connection with this site, or with these Terms of Use or any
goods or services supplied under them, will be limited, at our election, to:
- In the case of information or
services supplied or offered by us – the re-supply of the information or
services or payment of the cost of doing this.
- In the case of goods supplied
or offered by us – repair or replacement of the goods, supply of
equivalent goods, or payment of the cost of doing this.
- The amount paid by you (if
any).
Rights We Cannot Exclude
The above disclaimer
and liability limitation do not exclude any rights, which by law may not be
excluded, including but not limited to your rights under the Australian
Consumer Law.
Termination
Your ability to
purchase goods from this site may be terminated by FIRM 1 SUPPLIES at any time
without notice. All restrictions, licences granted by you and limitations of FIRM
1 SUPPLIES' liability will survive termination.
3.
Our Fair Trading Policy & Consumer Guarantee
FIRM 1 SUPPLIES is
committed to complying with the various Trade Practices Acts and Fair Trading
Laws. The benefits provided to you under the various warranty of different
items are in addition to other rights and remedies available to you under the
Australian Competition and Consumer Act. In Australia, our goods come with
guarantees that cannot be excluded under the Australian Consumer Law. You are
entitled to a replacement or refund for a major failure and for compensation
for any other reasonably foreseeable loss or damage. 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.
This data is provided
'as is'. Neither FIRM 1 SUPPLIES, nor the provider of the data, represents or
guarantees, or accepts any liability whatsoever in respect of, the accuracy,
currency or completeness of any of this data. It is not provided for
professional use. Any use of this information is at the user's risk. FIRM 1
SUPPLIES does not accept any liability for any delays, interruptions, errors,
or omissions, however occurring (including as a result of negligence) in the
collecting, recording, processing, storing or dissemination of this
information.
This site may contain
third party advertisements and links to third party sites. FIRM 1 SUPPLIES does
not make any representation as to the accuracy or suitability of any of the
information contained in those advertisements or websites and does not accept
any responsibility or liability for the conduct or content of those
advertisements and websites and the offerings made by the third parties. Third
party advertisements and links to other website where goods or services are
advertised are not endorsements or recommendations by FIRM 1 SUPPLIES of the
third party websites, goods or services. Your access to or use of them is at
your own risk.
You may use and/or
copy the information on this website for personal reference only. FIRM 1
SUPPLIES endeavours to ensure all information contained in this website is
correct at the time of inclusion. However, the accuracy of the material cannot
be guaranteed and visitors using the information from the website do so
entirely at their own risk. The information may not be reproduced or published
in any other way or by any means without the prior written consent of FIRM 1
SUPPLIES.
You may purchase an
OEM software product only if:
1. You are a computer
technician, IT Consultant, computer reseller or;
2. You are assembling a PC system.
Firm 1 Supplies Pty
Ltd reserves the right to refuse sales of OEM software to unqualified
customers. In this case, all payment relevant to the OEM software will be
refunded. Firm 1 Supplies Pty Ltd makes every effort to ensure the enforcement
of the OEM policy by respective manufacturers, customer are liable to meet the
terms and conditions of respective software vendor(s) when making purchase and
putting into the computer device
