Terms and Conditions
These Terms and Conditions are the only terms and conditions of sale to which Virtual Tours Creator ABN – 41955319479, 31/29-49 Varsity Pde, Varsity Lakes QLD 4227, Australia (legal name The Trustee for Dorawa) will be bound and the you agree that these terms and conditions will in all circumstances prevail.
These Terms and Conditions supersede and exclude all prior and other discussions, representations and arrangements relating to the supply of Goods, including but not limited to, those relating to the performance of the Goods or the results that ought to be expected of the Goods.
These Terms and Conditions are to be interpret in conjunction with our General Terms and Conditions.
- AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these Terms and Conditions at any time. Please check Our Website regularly prior to using Our Website to ensure you are aware of any changes. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations towards each other.
- LIMITATION OF LIABILITY
It is an essential pre-condition to you ordering Goods on Our Website that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of Our Website, whether from errors or from omissions in our documents or information, any Goods or Services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any Goods, Services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability for any breach of these Terms and Conditions is limited to: the supplying of the Goods or services to you again; the replacement of the Goods; or the payment of the cost of having the Goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any Goods or Services.
Any direction by you, either verbal or written, to procure Goods from Our Website will be deemed as acceptance of these Terms and Conditions, despite any provisions to the contrary in the direction or any order issued by you.
Any orders placed by you in the manner described in this website is an offer to purchase a particular product for the price, including delivery charges and GST, specified on Our Website at the time you place your order and on these conditions.
All orders will be acknowledged by email with a Confirmation of Order and expected dispatch date. We will not be held responsible for any delays in dispatch.
Payment for orders is processed at the time of ordering Goods. No Goods will be dispatched until payment is made in full.
You acknowledge acceptance and are immediately bound, jointly and severally, by these Terms and Conditions when you place an order.
These terms and conditions may only be amended with our consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between you and us.
All patent, design rights, trade marks, copyright, original works and any other intellectual property in design, specification, process, method of working in relation to Goods, shall vest for all times in us.
Prices displayed on Our Website may change from time to time. Once an order is placed that price will hold. If we are unable to supply the product ordered or if there will be a significant delay in processing the order, we will contact you and either offer a similar product or refund your money.
All prices are in Australian dollars and are subject to any variation in exchange rates, custom duties, taxes, freight insurance. Overseas customers should contact us for an export price.
- DELIVERY OF GOODS
Deliveries are processed promptly upon receipt of full payment. Stock items are dispatched within 4 working days. Replacement of damaged or lost items is made at our discretion.
We will endeavour to deliver in the time frame indicated but will not be responsible for any loss or damage sustained by you or any other person, by reason any delay in delivery or any failure to fulfil an order or make delivery, however caused
The Customer shall be responsible for the immediate examination of the Goods upon delivery and shall notify us of any defects, damages or incorrect supply within 7 days of delivery. In case of failure to notify us within the seven days you shall be deemed to have accepted the Goods and become liable for payment.
Delivery of Goods is taken to occur at the time that the carrier delivers the Goods to your nominated address even if you are not present.
We may deliver the Goods in separate installments.
Risk of damage or loss of the Goods passes to you on delivery. It is your right to refuse acceptance of any Goods which have been damaged in transit. In this event you need to contact us within 7 days.
You must notify us immediately of any defect in the Goods which you become aware of after delivery and take all reasonable steps to mitigate loss (if any) arising as a consequence of the defect. We will not be required to incur additional expense in repairing Goods caused by the transformation of Goods or the integration of Goods with other Goods or any use of Goods which is not in line with their intended purpose.
We will investigate and determine, in our discretion, whether the Goods and their components are defective. All other costs, including cartage must be paid by the Customer. We reserve the right to pursue reimbursement of any costs associated with any warranty investigation if it is determined that the Goods are free of faults or faults are due to reasons associated with you and therefore not a warranty claim.
You agree to release, hold harmless and indemnify us from and against any liability whatsoever and howsoever arising in connection with the use of Goods by you.
In relation to the Goods the subject of an order for less than $40,000, we acknowledge that the 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.
To the maximum extent permitted by law, our liability, howsoever arising under a contract, is limited at our option to:
- i) the replacement or repair of the Goods
- ii) the supply of equivalent Goods; or
iii) the cost of replacing or repairing the Goods or of acquiring equivalent Goods.
- RETURNS AND REFUNDS
We handle returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. Change of mind is not a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the Goods purchased. It will be your responsibility and cost to organise return of the Goods. Unopened Goods will be refunded in full. Refunds will be processed promptly and payment made by the method selected at our sole discretion. Refund payments may take up to 7 business days to be received. We reserve the right to charge a restocking and handling fee on Goods returned.