The website www.area3000.radio (website) is owned by Area 3000 (ABN 86 075 081 908), a registered business in Australia, (Area 3000, we, us or our). These terms and conditions (terms) govern your relationship with us in relation to your use of the website, and your purchase and use of products from the website (products).
Please read these terms carefully as they affect your rights and liability under law.
1. USE OF THE WEBSITE
- You must access and use the website in accordance with these terms.
- By using the website, or checking the box to confirm your order for products from the website, you accept these terms. If you do not agree with these terms, please do not access or use the website or purchase products from the website. If you have any queries regarding these terms, please contact us.
- Except where prohibited by applicable law, we reserve the right to change these terms at any time without notice to you, with such amendments or modifications to be effective upon posting by us on the website. Your continued use of the website after any changes to these terms indicates your acceptance of such changes. It is your responsibility to review these terms regularly for any changes.
2. ACCESSING THE WEBSITE
- You must be an individual who is aged 18 years or over to order products from the website.
- You must not access or use the website on behalf of another person, except where you are an authorised representative of an organisation.
- You are responsible for making all arrangements necessary (including incurring all associated costs) for you to gain access to the website, including acquiring a reliable and stable internet connection.
- If you place an order for products, we will collect your full name, address, phone number, email address and other information we request from you. If you do not provide us with all the information we reasonably require, we may not be able to accept your order for products.
- You must not access our website using an API, robot, spider, scraper or any other automated means for any purpose without our express written permission.
3. PROVISION OF THE WEBSITE
- The website is made available to you free of charge.
- We do not guarantee that the website will be available without interruption.
- We will not be liable for any inability that you encounter to access or use the website.
- We may perform website maintenance at any time and we will endeavour to provide you advance notice. However, we may suspend, withdraw, discontinue or change all or any part of the website without notice and we will not be liable to you if, for any reason, this website is unavailable at any time or for any period of time.
4. USE OF THE WEBSITE
- You must only use our website for a personal or domestic purpose.
- We own or hold a valid licence to all intellectual property rights (e.g. trade marks, copyright, designs, patents, trade dress, brand names, and other intellectual property rights) in the website, the website’s contents, the website’s domain name, any branding on the website or the products, and the products (collectively, intellectual property). These terms do not transfer any rights, title or interest in or to the intellectual property to you. You are not entitled to use the intellectual property for any purpose, except where permitted expressly in these terms.
- You may download, print or copy information in full that is made available to you on or from our website provided that you use that information for a personal and non-commercial purpose. You must not adapt, modify, re-produce or alter any information that you have downloaded, printed or copied from our website.
- You must not create links to this website that do not comply with applicable laws. You must not interfere with, or intercept, any links in the website.
- We may include links on the website to webpages owned or managed by third parties. These third party webpages are outside our control and we will not be responsible for the content on those third party webpages. When you access a link to a third party webpage, you will leave our website and we accept no responsibility or liability for any material on any website which is not under our direct control.
- Should any entity make a claim against us in relation to your non-compliance with these terms, we may pursue a claim against you for any losses and costs (including reasonable legal costs) howsoever arising that we may suffer.
5. PLACING AN ORDER
- You may purchase products from the website by placing an order (order). All orders are subject to our acceptance (see clause 7) and availability.
- By placing an order, you confirm that you are at least 18 years of age. If you are under 18 years of age, please consult your parent or guardian who is at least 18 years of age to purchase a product.
- Any product purchased from the website must only be used for personal or domestic use and the products must not be re-sold to any third party.
- Please ensure that you provide a correct and complete shipping address. We cannot accept a request to change the shipping address once we have accepted your order in accordance with clause 7. We are unable to accept liability for a delayed delivery or non-delivery if the address you have provided is not correct or complete. In some cases, we may not be able to deliver your order to post office boxes or shared mail facilities.
- If your shipping address is a registered address in Australia, all prices for products available on the website include Goods and Services Tax (GST) and exclude shipping charges.
- Subject to clause 6(k), the shipping charges applicable to your order of products will be calculated at checkout. Shipping charges include carriage of the product to your shipping address by our authorised shipping partner (see clause 8(b)), but exclude the charges you are responsible for that are described in clause 6(k).
- We use third party payment gateways (payments provider), such as Stripe, Inc., to process payments made for products on the website. Only payment accounts accepted by our payments provider must be used to make payment for an order. Payment accounts may be checked or verified by the payments provider. You acknowledge that the payments provider will collect your name, payment account details and any other information necessary for them to process the payment. The payments provider may conduct a pre-authorisation check on your payment account. Any debits from your payment account for the pre-authorisation check will be deducted from the value of your order.
- The payments provider will process your payment in accordance with their terms and conditions. You acknowledge that you have read those terms and conditions (which is available on the payments provider’s website) before placing an order with us.
- You acknowledge that you are the owner or holder of the payment account (e.g. debit card or credit card) that you will use to process payment for an order, you are authorised to use the payment account, and that your nominated payment account has sufficient cleared funds to cover the value of the order. You authorise the payments provider to withdraw funds or take payment from your payment account for the value of the order and any delivery charges. We will not be liable to you should our payments provider refuse to process the payment on the basis that you are not the owner or holder of the payment account, or that there were insufficient cleared funds in your payment account to process the payment.
- Subject to clause 6(l), orders shipped to countries outside Australia are shipped on a Delivered At Place, customer’s shipping address (Incoterms, 2020) basis. You will be considered the importer of the product. If your shipping address is in a location outside Australia, you will be responsible for paying all import duties, clearance charges, excise payments, customs or permits charges, taxes, fees and other charges in relation to the importation of the product into your chosen location.
- In addition to your obligations in clause 6(k), you will need to comply with all processes (including obtaining (if any) permits or clearances, or complying with any inspection, screening, examination or checks conducted) that are required of the non-Australia importing country. We recommend you understand the process and costs by contacting your local customs or importation authority.
6. ACCEPTING YOUR ORDER
- By placing an order for a product on the website and making payment, you are making an offer to buy the products from us.
- Once you have placed an order, your order will only be accepted by us if you receive a communication containing an order number, details of your order despatch and tracking information.
- We may not accept an order if, for example:
- the order has been placed using fraudulent means;
- you have placed the order for resale purposes;
- you have not provided all required information;
- your shipping address cannot be verified;
- you have interfered with the website or our systems;
- the price displayed at the point of sale was incorrect;
- we are unable to fulfil or deliver the order you have placed;
- there are circumstances beyond our control which prevent or inhibit us from processing your order or exporting the products to your importing country; or
- we have a valid reason and we communicate that reason to you.
- If we do not accept an order, and we have not dispatched or shipped your order, we will let you know and we will refund to you the amount we have received from you (if any).
7. DELIVERY OF YOUR ORDER
- Once your order has been dispatched, you will receive a communication confirming that your order has been dispatched (which will include shipping tracking information).
- We engage third party shipping providers (authorised shipping partner) to ship the products to your shipping address.
- It is your responsibility to ensure that you can collect your order from our authorised shipping partner (including complying with any obligations on you to sign to collect your order, or to have a safe and secure space available at your shipping address to store the order).
- If you are not available to collect your order, our authorised shipping partner will contact you to discuss the process. You will need to cooperate with our authorised shipping partner to re-arrange delivery or for you to arrange collection of your delivery from a location prescribed by our authorised shipping partner (which might be at your cost if our authorised shipping partner has made multiple unsuccessful contacts or delivery attempts, in accordance with their terms and conditions).
- We make every effort to ensure that your products are delivered within the estimated delivery time frame (if any). Please allow additional time if international delivery is subject to customs processing. We have no responsibility to you for any loss or damage arising because of late delivery or non-delivery of products, other than providing a refund for the value of your order (where we have received payment from you). If you have not received the products in your order within 30 days of your order being accepted by us in accordance with clause 7, please contact us so that we can look into the delay for you and to discuss your options.
- Once you have received delivery of the product in your order, you should check that the contents of the parcel or package contain the products you have ordered. If you believe that you have received the wrong product, please contact us immediately.
- Title to the products in your order, and risk of the products in your order, passes to you on delivery.
8. RETURNING A FAULTY OR ERRONEOUS PRODUCT
- We will do our best to help you return a faulty or erroneous product quickly and efficiently, in accordance with applicable laws. This right does not apply to items that have become faulty due to inappropriate use or fair wear and tear.
- You can return your items to us in accordance with our returns policy at our cost. You are responsible for placing the product into a safe and secure envelope, parcel or package to ensure that the product is not damaged or lost during transit back to us.
- We may verify your order and contact details with you to process the return of the faulty or erroneous product.
- Until we receive the faulty or erroneous product, the product is your responsibility and at your risk.
- All returns are evaluated before being processed. We may discuss with you the cause of the fault if we suspect that the fault is not the result of our, or our contractor’s or agent’s, conduct.
- If the product you received is assessed by us to be faulty or erroneous, we can provide you with a refund or replacement with the correct product.
9. RETURNING AN UNWANTED PRODUCT
- We will do our best to help you return unwanted products quickly and efficiently, in accordance with applicable laws.
- You must return your unwanted items in saleable condition and in accordance with our returns policy but at your cost. The product will be in a condition ready for sale if the product has not been used, opened, damaged or defaced and the product’s seal and packaging is intact (saleable condition).
- You are responsible for placing the product into a safe and secure envelope, parcel or package to ensure that the product is not damaged or lost during transit back to us.
- We may verify your order or contact details with you to process the return of the unwanted product.
- If you are a customer in Australia, you must notify us in writing of your intention to return your order within 14 days of you receiving possession of the product, and we must receive the product you wish to return within 14 days after you have notified us.
- If you are a customer in a non-Australia country, you must notify us in writing. If we accept your request to return your unwanted product, we must receive the product back from you within 14 days of our acceptance.
- Until we receive the unwanted products, the product is your responsibility and at your risk.
- All returns are evaluated before being processed. We reserve the right to refuse a refund for an unwanted product if the product is not returned to us in a saleable condition or we suspect fraudulent or other illegal activity.
- If we have accepted your request to return an unwanted product, we will issue you a refund in accordance with either clause 10(j) or 10(k). Please note that we will not refund to you the cost you incur to ship the product back to us.
- Your refund will be the value of the order less the cost of delivery (inclusive of any consumption tax we charge to you) that you have paid to us.
10. OUR LIABILITY TO YOU
- To the extent permitted by applicable laws, we (including our employees, officers, directors and agents) will not be liable to you for any claim howsoever arising that our act or omission causes consequential, special, indirect, exemplary, incidental or punitive loss or damages (including (without limitation) loss or damages relating to loss of profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services) that arises out of or in connection with these terms, use of the website or use of a product, whether that claim is based on contract, statutory warranty, product liability, tort or other legal theory and even if we have been informed of the possibility of such loss or damage.
- To the extent permitted by applicable laws, and subject to any other clause in these terms, our liability to you arising directly from your use of the website or a product in the aggregate is limited to AUD 100 dollars. This limitation does not apply to our liability for death or personal injury arising from our negligence, fraud, wilful misconduct or any liability that we cannot exclude under law that was caused by our provision of the website or supply of a product.
- You are required to mitigate any loss you incur in connection with these terms, use of the website or use of a product, to the extent reasonably possible.
- Use of the website is at your own risk. The website is provided on an ‘as is’ and ‘as available’ basis.
- We do not warrant or represent that the material on the website is up-to-date, complete or accurate or that the website will be free from defects or viruses. We recommend that you conduct your own checks before purchasing products on the website, and that you access and use the website using secure means.
- To the extent permitted by law, we disclaim all warranties, representations and conditions of any kind in relation to the website (including the website’s content) and the products available on the website whether express, implied or statutory, including merchantability, quality, accuracy, reliability, completeness, currency or timeliness.
- We try to ensure that all information available on the website is accurate. However, based on the technology or equipment that you use to browse our products online through an electronic device or in print, the colour or information associated with the product may differ to what you receive. If you translate any pages on the website into a language of your choice, you are responsible for the translation including any description, or interpretation you make, of the products.
12. PROTECTING YOUR PRIVACY
- Your privacy is important to us.
13. GOVERNING LAW
- These terms are governed by and will be construed in accordance with the laws of Victoria, Australia.
- You irrevocably submit to the exclusive jurisdiction of the courts in Victoria, Australia.
- If any part of the terms may be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions of these terms.
- No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
- These terms form the entire basis of any agreement reached between you and us about your use of the website, and your purchase and use of products.
- This English version of these terms is the original, will be controlling in all respects and will prevail in the event of any conflict of interpretation with a translated version of these terms.
15. CONTACT US
- If you have any general queries about the website, or the products we make available to you on the website, please contact us.
- To assist us with a timely response to your communication, please communicate with us in English.
Melbourne VIC Australia