Terms & Conditions
1. Website Terms of Use
1.1 Welcome to the SmartChannel.com.au web site ("Web Site"). This document contains the terms and conditions that govern your use of this web site. These terms and conditions describe your rights and responsibilities and what you can expect from us. Please take a few minutes to review these terms and conditions. Your use of this web site constitutes your agreement to abide and be bound by the terms and conditions written here. If you do not agree with any of these terms and conditions, please do not proceed in using this web site. SmartChannel reserves the right to add to, delete or change these Terms and Conditions from time to time and without notice. By continuing to use the Web Site, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
2. Selling Terms
2.1 You may only purchase from this website if you have a business partnership with us and agree to all terms. If you are a consumer wanting to purchase an item for personal use, you may still contact us so that we direct you to one of our resellers, however you may not at any time purchase directly from this website. Images on this website are for illustration purpose only. Although care is taken images can at times be incorrect. We sell based on SKU level, the user must ensure the SKU they are purchasing is correct. A purchase should not be based on the website image.
3. Delivery
3.1 We can not ship to a P.O. Box.
Delivery Time-frame: We ship most items within 24 hours during business days. We use a range of couriers depending on the delivery destination. The delivery time can be anywhere between 1 to 10 business days.
Undeliverable Items: In the unlikely event that your parcel is returned to us due to inaccurate address or product not deliverable, our customer service representatives will contact you via email. A redelivery fee may apply.
Damaged Items: If an item arrives to your customer damaged or faulty, Contact Us.
Lost in Transit: If an item has a tracking number but is lost in transit, it will be up to you to make efforts in investigating with the courier. If the parcel is deemed as lost, you will need to wear the item cost, or claim via you own insurance. If tracking is missing, replacement will be covered by Smartchannel.
4. Refund Policy
4.1 Refunds will be provided either as a store credit or a refund back in the same method the payment was made. As a business seller of our products, change of mind returns to us are generally not accepted. We do require that you provide the appropriate return policies passed on to your customers as required by Australian Consumer Law.
5. Warranty
5.1 This site and sales checkout should only be used by business sellers of our products. As a business seller of our products we work closely together in order to resolve issues with your customer. As a seller of our brands, we do require that you provide full warranties to your customers as required by Australian Consumer Law. As part of our support services, we will create solutions such as repair, replace or refund depending on the circumstances. Dead on arrival products are not something to expect when you partner with SmartChannel. DOA items can be replaced by notifying us within 7 working days of the customer receiving a product.
6. Placing orders through the Web Site
6.1 You must be at least 18 years old to place any orders with SmartChannel. By using the Web Site you acknowledge that you are at least 18 years old. By purchasing any goods through the Web Site, you make an offer to us to purchase the goods you have selected based on these Terms and Conditions. Information contained on the Web Site constitutes an invitation to treat. No information on the Web Site constitutes an offer by us to sell any goods. SmartChannel reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we are unable to process or accept your order after payment is received we will contact you by email or telephone.
7. Copyright/Trademark Information
7.1 The SmartChannel trademark and logo are trademarks of SmartChannel. All other trademarks are the property of their respective owners, who are not associated with SmartChannel. Permission to use documents delivered from the web site and/or server and related graphics is restricted. The name of SmartChannel or any of the above trademarks or logos may not be used without SmartChannel's specific, written prior permission. The information contained on the SmartChannel Web Site is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors.
8. Submissions
8.1 We welcome your comments regarding the Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to SmartChannel shall be and remain the exclusive property of SmartChannel. Your submission of any such Comments shall constitute an assignment to SmartChannel of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. SmartChannel will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
9. Communication from SmartChannel
9.1 We reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Our communications will contain a clear link to Unsubscribe. Once you have unsubscribed we will remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a late date.
10. Correction of Errors and Inaccuracies
10.1 SmartChannel makes every reasonable effort to present accurate information on the Web Site; the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order and/or made payment). Such errors, inaccuracies or omissions may relate to product description, pricing and availability. If, for example, the price or description of a product offered for sale on the Web Site is incorrect due to a technical or administrative error, any agreement arising from any acceptance of such offer will, in SmartChannel's discretion, be void. We also reserve the right to limit quantities (including after you have submitted your order and/or made payment). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
11. Indemnification
11.1 You agree to indemnify and hold SmartChannel and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by you or by the Parties arising from any claim, demand, suit, action or proceeding by any person against you or the Parties where such loss or liability arises out of, in connection with or in respect of your use of the Web Site, any breach by you of these Terms and Conditions and/or any goods purchased by you from SmartChannel.
12. Limitation of Liability
12.1 In no event shall SmartChannel or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. To the maximum extent permitted by applicable laws, SmartChannel's liability is limited to an amount equal to the purchase price of the relevant good(s).
12.2 To the extent permitted by applicable laws, SmartChannel does not accept any liability for:
12.2.1. Any damage or injury of any nature caused by the use or misuse of products purchased from SmartChannel;
12.2.2. Errors, mistakes or inaccuracies on the Web Site;
12.2.3. You acting, or failing to act, on any information contained on or referred to on the Web Site and/or any linked website;
12.2.4. Any unauthorized access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
12.2.5. Any interruption or cessation of transmission to or from the Web Site;
12.2.6. Any bugs, viruses, trojan horses or other harmful code or communications, which may be transmitted to or through the Web Site by any third party.
13. Miscellaneous
13.1 These Terms and Conditions are legally binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales. Each party submits to the exclusive jurisdiction of the Courts of New South Wales. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of SmartChannel. These Terms and Conditions (including all of the policies and other agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by SmartChannel in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions. Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars.
