Terms & Conditions
In these Terms and Conditions We, Our or Us means JS Online Pty Ltd ABN 88159777170 its affiliates, subsidiaries, and associate companies within the meaning of the Corporations Act 2001. You or Your means the person who accepts these Terms and Conditions.
The Website means www.geardo.com.au or any website of its affiliates, subsidiaries and associate companies within the meaning of the Corporations Act 2001 and also includes any redirected websites.
- This document contains the general terms and conditions which applies to the use of the website www.geardo.com.au The use of the Website includes the purchase, fulfillment and delivery of products and services from www.geardo.com.au This also including limitations of liability by JS Online Pty Pty Ltd.
- It is Your obligation to read the Terms and Conditions carefully before placing Your Order. By placing an order you also acknowledge that you have read, understood agree to the Terms and conditions as set out in this document.
- You cannot be a minor at the time of purchasing products through the Website.
- When you use the Website You agree to these Terms and Conditions which constitutes a legally binding agreement between Us and You for the supply of Products. For clarity, the binding contract is formed under clause 13 of these Terms and conditions.
- This Agreement cannot be varied unless We agree to vary it in writing. This Agreement together with Your Order constitutes the entire agreement between Us and You for the supply of Products.
- It is Your obligation to ensure that You access our website legally. We are not liable for any loss or damage you may be subject to in connection with Your use of the Website. Please check the law in your country, state or territory before you place an order using the website.
- You must take Your own precautions to ensure that the use of the Website does not expose you to risk of viruses, malicious computer code or other forms of cyber risk which may potentially damage your computer or computer system. You agree that We take no responsibility for any such damage.
- Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 14, the price of the Product cannot be changed. However we change the price at our own discretion or change the Product at your request. This could be done only through agreement between You and Us and this will be confirmed by us in writing or by email.
- Unless otherwise stated, all prices stated on the Website include GST but excludes Delivery Costs. Delivery Costs will be added at check out.
Errors on Our Site
- Prices and availability of products and services are subject to change without notice. Furthermore, despite our best efforts, it may be possible that our products have been incorrectly priced on the Website. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
- All weights and dimensions of Products described in the Website are approximate. Due to Our commitment to continuously develop and refine our products the dimensions of products may change without notice. However, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 13.
- We will endeavour to display product images as accurately as possible. However, we cannot guarantee that the colour you see matches the product color. This may be because of a number of factors including your hardware (e.g. Computer monitor) and the quality of the image supplied by manufacturers.
- By placing an Order using our Website, you make an offer to enter into an agreement to purchase the Product(s). This is the subject of Your Order (Purchase Contract). This is a binding contract.
- Orders will be deemed to have been received by Us when We send an Order confirmation to Your nominated e-mail address. We reserve the right to decline to enter into a Purchase Contract with You and We may cancel Your Order at any time prior to dispatch of the Product(s).
- In the event of a canceled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund. We do not accept any responsibility for Orders that are declined.
- We are not liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond our control.
- The incorrect or incomplete delivery address may cause a delay in the delivery of your products. We reserve our right to charge a further delivery fee for re-delivery if the redelivery is required.
- You need a credit card or any other electronic payment method to complete a purchase through the website. Payment for Orders will be processed immediately.
DELIVERY AND OWNERSHIP OF THE GOODS
- We are not responsible for the delivery times of Products. However, we try to ensure that all Products are delivered in a prompt and timely manner. JS Online Pty Ltd will do not accept any liability for loss or damage suffered by anyone as a result of any such delays.
FAULTY OR DAMAGED GOODS
- We will repair, replace or refund faulty or damaged Products in accordance with the Warranty Terms and Conditions and Your rights under the Australian Consumer Law.
REFUNDS AND RETURNS
- Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law. All refunds may take up to 30 business days to be processed.
- Other than in accordance with the Returns Policy refunds are limited to Your rights under the statute.
- The Australian Consumer Law provides certain guarantees to consumers when they purchase accommodation or services and these guarantees cannot be excluded, restricted or modified. These guarantees include services being rendered with due care and skill, being fit for purpose and being supplied within a reasonable time.
- Our Returns Policy includes, and does not seek to exclude or limit, the rights you have under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. The warranties and product support that we offer and provide pursuant to our Terms and Conditions are in addition to the consumer warranties and guarantees under the Australian Consumer Law.
- To qualify to return an item under this Policy, Products must be in their original packaging, along with all included accessories, be in new condition suitable for resale, and must not be damaged in any way by the customer during the time the item is in the customer's possession. Items returned may incur a restocking fee.
- In order to organize a return under these terms and conditions, you must contact us within 14 days of taking delivery. You need to proof of delivery of the Product. The Product must be returned to us within 7 business days of your request to return the Product.
CHANGE OF MIND
- Please choose your product/s carefully. Returns due to change of mind are not permitted. This includes returns due to selecting the wrong size or wrong product.
- Each Product sold on the Website is covered by a 12 month Standard Warranty.
- Extended Warranties are available for purchase for some Products, as listed on the Website. They may be purchased up to 28 days after delivery of your Products.
- We will carry spare parts for each Product for a reasonable period and/or for the Extended Warranty period (1, 3 or 5 years as the case may be) whichever is shorter.
- Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
- To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
- For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.
PRIVACY AND PERSONAL INFORMATION
- We are committed to protecting your privacy. We respect and uphold Your rights under the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) ("Privacy Act").
- Personal information is information or an opinion about an individual whose identity is apparent, or can be reasonably ascertained, from that information or opinion. Personal information we may collect from you includes your name, address, email address, phone number(s), date of birth and credit card details.
- The personal information is collected in accordance with the law. In most cases, Personal information is collected directly from You. We will not collect more information than required to carry out the transaction and any activities ancillary to the service. We collect information provided by you for the purporse of processing your present and future orders. We may also provide you with marketing material in respect of products which may be interest to you. We may disclose your personal information, to third-parties in accordance with the law.
- To provide a superior service it is your responsibility to provide up-to-date personal information. There will be processing delays and delays in delivery if the information provided by you is not accurate.
- We take all reasonable steps to protect all personal or company information from misuse, loss, interference, unauthorized access, modification or disclosure. Your information is stored securely whether in an electronic or physical form. For example, only personnel requiring access to the information are allowed access. All personal, company or confidential information is stored in secured premises or in electronic databases requiring logins and passwords. Some information is kept for a number of years to comply with applicable legal requirements. Any personal information that is no longer needed is destroyed or de-identified. From time to time and in line with customer expectations and legislative changes, our privacy policies and procedures will be reviewed and, if appropriate, updated.
DISCLOSURE OF PERSONAL INFORMATION
- We may disclose your personal information:
(a) to third-parties we ordinarily engage for the above purposes;
(b) any person or entity to whom you have consented to us disclosing your personal information to; and
(c) any person or entity to whom we are required or authorized to disclose your personal information to in accordance with the law.
- You are entitled to receive a copy of the personal information held by us. We may charge a fee for providing this service.
- When transmitting personal information from your computer to the Website, you must keep in mind that the transmission of information over the Internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, We will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.
Our website may use "cookies" to help personalise your online experience and save you time. You have the ability to accept or decline cookies. If you choose to decline cookies, you may not be able to fully experience the interactive features of our website
- We may transfer your personal information to a person who is in a foreign country to assist Us in providing you with the service that you have requested.
- We will take such steps as are reasonable in the circumstances to ensure that the information that is transferred to third parties located outside of Australia will not be held, used or disclosed by the recipient of the information in a manner that is inconsistent with the Australian Privacy Principles
DIRECT MARKETING COMMUNICATIONS
- At any time you may opt-out of receiving direct marketing communications and newsletters from us. Unless you opt-out, you consent to receive direct marketing communications from us and to the handling of your personal information as detailed above, will continue.
- From time to time we reward our You with coupons, promotional codes, bonus offers or redemptions ("Bonus Offers"). All Bonus offers are perspective and cannot be used for prior transactions. Bonus Offers have different entry requirements, terms, conditions, and rewards. IF required these will be listed separately. It is Your responsibility to check the terms and conditions of a Bonus Offer. Generally, Bonus offers cannot be combined or exchanged for cash.
USING GIFT CARDS
- Gift cards, unlike credit or debit cards, are debited at the time an order is placed. These cards will automatically be redeemed to purchase totals, up to the total purchase amount. In the event the total purchase amount exceeds the value of the card, you will be required to use another card or a credit or debit card to pay the difference. Any amount charged to a credit or debit card will be treated as set forth above.
LINKS TO OTHER WEBSITES
- The Website may contain links to other websites that are not owned or controlled by Us. Those links are provided for convenience. We are not responsible for the content or accuracy in the other web sites. Other web sites will have their own terms and conditions and privacy practices.
RATINGS AND REVIEWS
- You acknowledge and agree that We reserve the right to publish part or all of any submitted reviews or ratings these may include first name and the suburb of participants.
APPLICATION OF THE SPAM ACT
- We are committed to complying with its obligations under the Spam Act 2003. We will not send you any unsolicited commercial electronic messages without your consent.
- You have the right to withdraw Your consent at any time. You are at liberty to unsubscribe from Our Database. This can be done at any time by accessing our web service communication preferences and there is an unsubscribe link embedded in each of our commercial electronic messages.
- CHANGES TO POLICY
We may modify our Policies at any time without notice and such amendments are effective immediately upon publication.