This website is operated by Cablesmiths Pty Ltd (ACN 619 560 833) (referred to in these terms and conditions as “we”, “our” and “us”). By accessing and using our website (cablesmiths.com.au) you are agreeing that these terms and conditions apply and govern your use and by buying anything from us you agree that these terms and conditions govern any and all transactions between you and us. Please read these terms and conditions carefully and cease using our website immediately if you do not agree to these terms and conditions in full.
1. Definitions and interpretation
In these terms and conditions, unless the context otherwise requires:
Intellectual Property Rights means intellectual property rights at any time protected by statute or common law, including copyright, trademarks, patents and registered designs.
Loss includes, but is not limited to, costs (including party to party legal costs and our legal costs), expenses, lost profits, award of damages, personal injury and property damage.
PPS Law means:
- the Personal Property Securities Act 2009 (Cth) (PPS Act) and any regulation made at any time under the PPS Act (each as amended from time to time); and
- any amendment made at any time to any other legislation as a consequence of a PPS Law.
In these terms and conditions, unless the context otherwise requires:
- a reference to writing includes email and other communication established through the our website;
- the singular includes the plural and vice versa;
- a reference to a clause or paragraph is a reference to a clause or paragraph of these terms and conditions;
- a reference to a party to these terms and conditions or any other document or arrangement includes that party's executors, administrators, successors and permitted assigns;
- where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
- headings are for ease of reference only and do not affect the meaning or interpretation of these terms and conditions.
- These terms and conditions form the entire agreement between you and us and, unless expressly agreed to in writing by us, no terms or conditions of yours, including any terms or conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect. For the avoidance of doubt, none of our agents or employees or any third parties have any authority to change these terms and conditions.
- We may change any provision in these terms and conditions without notice so we advise that, even if you are a frequent purchaser from us, you check these terms and conditions whenever you want to purchase products from us. Any change of these terms and conditions will only apply to future orders.
3. Use of Website
- We grant you a non-exclusive, worldwide, non-transferable licence to use our website in accordance with these terms and conditions.
- You may access and use our website for your own personal, non-commercial use.
- We allow users of our website to post reviews, question, comments and other content relating to products that we sell. If you submit any content to our website you do so subject to these terms and conditions.
- You must not add any content to our website:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us or our website into disrepute; or
- that infringes the intellectual property or other rights of any person.
You acknowledge and agree that:
- we retain complete editorial control over our website and may alter, amend or cease the operation of our website at any time in our sole discretion; and
- our website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
- If you submit content to our website you warrant that it is true and correct and original. You also grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing. This licence will survive any termination of these terms and conditions.
- We allow users of our website to create accounts with us. If you register an account with us you do so subject to these terms and conditions. If you register an account you authorise us to store your personal information, order history and all other information that we consider relevant.
- You agree to maintain any account that you have with us such that all information is accurate and up to date. You are responsible for the security of the information necessary to access your account and you must notify us immediately in the event that you suspect and/or become aware of a breach of this security and/or any unauthorised use of your account.
- You are solely responsible for all activities that occur under your account.
- You are not permitted to have more than 1 account with us at any time.
- We reserve the right to restrict or terminate your access to our website, to restrict or terminate any account you register with us and/or to remove or edit any content that you submit to our website at any time without notice.
Our website contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
4. Orders and Availability
- If you submit an order to us, whether via website, email, phone or otherwise, this confirms your acceptance of these terms and conditions.
- We may refuse any order that you place with us where the products that you have ordered are unavailable or for any other reason, in our absolute discretion. In particular, we will not provide any custom products with obscene or inappropriate content as determined by us in our absolute discretion.
- We may reduce any order that you place with us if less than the quantity of any particular item that you have ordered is available. You agree to accept a lesser amount in these circumstances and, if we have received payment for the initial order, we will refund the difference to you.
- An order once placed cannot be cancelled without our prior written consent. Where an order is cancelled, you agree to indemnify us against any Losses incurred as a result of the cancellation. This includes, but is not limited to, loss of profit from other orders foregone as a result of the scheduling of the order which is subsequently cancelled.
- We do our best to keep in stock most products that are advertised on our website. All stock availability as represented on our website is reasonably accurate in accordance with our current stock levels, however, our stock levels are subject to change without notice and we do not guarantee that we will have any or all advertised products in stock.
- If, for any reason, we cannot supply a product you have ordered, we will let you know over the phone or contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.
5. Pricing and Payment
- The price payable for a product is the one set out on our website or advised by us over the phone at the time you place your order. All prices are inclusive of GST unless otherwise indicated. We make every effort to ensure prices and product information on our website, catalogues or advertisements are correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.
- Payment must be made in full when placing an order with us. We accept payments via Shopify and Paypal. If you elect to use Shopify and/or Paypal you are responsible for all arrangements as between you and Shopify/Paypal. If you have any issues with payments, refunds or any other aspect of the Shopify and/or Paypal facilities which you cannot resolve with them directly please contact us via firstname.lastname@example.org and we will endeavor to assist with the resolution of the issue to the extent we are reasonably able.
- If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout and this will generate a discount from your cart value or add an incentive. To activate, simply enter a valid code then click the "Apply" button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact us via email@example.com.
- Your tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims.
- Once an order is received, paid in full and accepted and processed by us, we will endeavour to dispatch that order within three (3) business days. If we are unable to dispatch an order due to unforeseen circumstances or limitations of service from third-party suppliers and the estimated time of delivery will be affected by more than two (2) business days, we will endeavour to contact you and advise you of the expected dispatch time.
- We reserve the right to ship products by the most economical means available in accordance with the shipping method as selected by you during the order process. This may include alternate carrier services or multiple instalments. If an order is shipped in separate consignments or multiple instalments and a part of that order fails to be delivered, you are not entitled to a cancellation of the entire order. Lost or misdirected partial shipments will be replaced only after we have had a reasonable opportunity to investigate with the carrier service/s.
- We offer a service which allows you to specify delivery instructions which may absolve the carrier service of all or part of their responsibility to secure delivery confirmation. We will not be liable for any order that is delivered in accordance with your specific delivery instructions. Circumvention of signature on delivery requirements will void any and all insurance cover.
7. Acceptance of Products
If you fail to advise us in writing of any fault in any products we provide or any failure of any products we provide to accord with your order within three (3) business days of delivery, you are deemed to have accepted the product/s and to have accepted that the product/s are not faulty and are in accordance with your order. This clause is at all times subject to your rights under the Australian Consumer Law.
8. Title and risk
- Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
- You acknowledge and agree that clause (a) above creates a purchase money security interest in the products which we are entitled to register as such under the PPS Law. To the extent permitted under the PPS Law, we each agree to contract out of the provisions listed in section 115 of the PPS Law. You waive your right to be provided with verification statements under section 157 of the PPS Law. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPS Law and that this is a confidentiality agreement for the purposes of section 275(6) of the PPS Law.
- Subject to these terms and conditions, once the products are delivered to you they are at completely your risk.
9. Warranties, Limitation of Liability and Exclusions
- Nothing in these terms and conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law ("ACL") which by law may not be limited or excluded. If you are a "Consumer" under the ACL, the following notice applies to you:
"Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law ("Consumer Guarantees"). You are entitled to a replacement or a 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."
- Your product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "Consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. However, you should check the manufacturer's warranty carefully as many manufacturers' warranties will not apply in a business or commercial setting. If you would like to make a claim under the manufacturer's warranty, please contact us via firstname.lastname@example.org. Please refer to the clause below that deals with the return of products if you need to arrange the return of any products to us.
- Subject to this clause 9, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly set out in these terms and conditions are excluded;
- we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with our products, our services or these terms and conditions (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
- our total liability arising out of or in connection with our products, our services or these terms and conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of our products and/or our services under these terms and conditions.
- Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.
- To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
- In relation to all custom cables that we supply:
- due to the nature of cables and cutting machines there may be a plus/minus 2% variance to raw cable length. We will not accept any returns based on variances in raw cable length that do not exceed this variance;
- It is normal for connector parts to arrive from the manufacturer with minor cosmetic marks, scuffs, residues or other minor imperfections that do not affect operation due to manufacturing processes or transit. We will not accept returns based on these issues; and
- unless otherwise specified by us/agreed with us, cable length relates to the raw cable length between connector termination points that are typically in the middle of the connector shell. As a result of this and the connector boot, the raw cable length will appear slightly shorter, however the overall length with connectors will be slightly longer. We will not accept returns based on these issues.
- All information, specifications, photographs and samples we supply in relation to our products are approximations only and, subject to any guarantees under the ACL, small deviations or slight variations from them which do not substantially affect your use of the products will not entitle you to reject the products upon delivery, or to make any claim in respect of them. Additionally, please be aware that images on our website will vary due to the device you use to access our website and the screen settings of any such device.
- Any advice, recommendation, information, assistance or service we give is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given however, to the extent permitted by law and subject to these terms and conditions, it is provided without any warranty as to accuracy, appropriateness or reliability and we do not accept any liability or responsibility for any Loss suffered as a result of your reliance on such advice, recommendation, information, assistance or service.
- Any material downloaded or otherwise obtained through the use of our website is done at your own discretion and risk. You are solely responsible for any damage to a computer system or loss of data that results from the access or downloading of any such material.
10. Returns and Refunds
- In addition to your warranty rights set out in these terms and conditions and noting that this clause does not apply in relation to any custom made products, we will also accept the return of products and issue refunds:
- if your product remains boxed/packaged and unopened - you may contact us via email@example.com within thirty (30) days of delivery to arrange for a return and refund however all costs associated with returning the product will be your responsibility; and
- if your product has been unboxed and/or opened but otherwise is as new – you may contact us via firstname.lastname@example.org within fourteen (14) days of delivery to arrange for a return and refund however all costs associated with returning the product will be your responsibility and we reserve the right to deduct a reasonable amount from the funds to be refunded to cover the costs of repackaging and restocking the product.
- Subject only to the Consumer Guarantees if they are applicable to you, we will not accept for return any product that has been used, installed or modified.
- Subject only to the Consumer Guarantees if they are applicable to you, we will not accept for return any product that is custom-made. For the avoidance of doubt, this includes all products purchased through our custom configurator application, printed heat shrink, terminated cables where you have specified a custom length and/or included braided sleeving, stripped and/or tinned raw cable or connectors that have been tinned or crimped.
- If you consider your product is eligible for return based on your warranty rights, please contact us via email@example.com to arrange for return.
- If, in accordance with these terms and conditions, you are entitled to return a product to us for refund, replacement or repair you will generally be responsible for returning the product to us at your expense (unless these terms and conditions set out otherwise).
- You must adequately package any product you are returning to ensure that it is not damaged during return delivery to us. All original items including packaging must also be returned.
- If you are entitled to a refund, we will only give you the refund once we have received the product and had the opportunity to inspect it and assess whether it is eligible for a refund under these terms and conditions
- If you return a product to us for repair (or replacement) and the product is capable of retaining user generated data, the repair (or replacement) of the product may result in the loss of the data. User generated data include files on a computer hard drive, telephone numbers stored on a mobile telephone, songs stored on a media player or games saved on a games console. We will not be responsible for any data you may leave on the product and we require you to back up your data before returning a product to us for repair.
- Products presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used in the repair process.
12. Intellectual Property Rights
- Nothing in these terms and conditions constitutes a transfer of any of our intellectual property rights to you. You acknowledge and agree that, as between you and us, we own all intellectual property rights in our website.
- You warrant that you own all Intellectual Property Rights pertaining to any order you place with us and/or that you have a licence to authorise us to reproduce or use all copyright works or other materials the subject of Intellectual Property Rights you supply to us for the purposes of your order. Further, you indemnify us and agree to keep us indemnified against all Losses we incur in relation to or in any way directly or indirectly connected with any breach of any other Intellectual Property Rights in relation to any material you supply.
- Unless specifically agreed in writing between you and us, all Intellectual Property Rights in any works created by us on your behalf vest in us and remain our property.
- Subject to payment of all invoices issued to you, we grant you a perpetual, non-exclusive licence to use the works created or produced by us in connection with your order.
- To the extent necessary, your hereby authorise and consent to our use of images of any and all custom products that we supply to you for our advertising and marketing purposes, including, without limitation, posting such images on our website and all forms of social media.
- You indemnify us and agree to keep us indemnified in respect of any claim or demand made or action commenced by any person (including, but not limited to, you) against us or, for which we are liable, in connection with any Loss arising from or incidental to the provision of products to you and these terms and conditions generally to the extent that the Loss is not caused by us.
- The indemnity set out in this clause includes, but is not limited to, any legal costs we incur in relation to meeting any claim or demand or any party/party legal casts for which we are liable in connection with any such claim or demand.
- The indemnity set out in this clause remains in force after the termination of these terms and conditions.
14. Force majeure
- If circumstances beyond our control prevent or hinder the provision of any products you have ordered, we are free from any obligation to provide the products while those circumstances continue. We may elect to terminate the agreement with you or keep the agreement on foot until such circumstances have ceased.
- Circumstances beyond our control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
- We reserve the right to refuse supply of the products ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.
- By accepting these terms and conditions you warrant that you have the legal capacity to do so.
- You must not assign any rights and obligations under these terms and conditions whether in whole or in part without our prior written consent.
- Any notice in connection with these terms and conditions will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other email address, facsimile number or postal address as may from time to time be notified in writing to the other party.
- If any provision of these terms and conditions is invalid, illegal or unenforceable, these terms and conditions will take effect, where possible, as if they did not include that provision.
- Any failure by a party to insist upon strict performance by the other of any provision in these terms and conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
- These terms and conditions are governed by the laws of Western Australia. The parties each agree to irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia.
17. Contact Us
If you need to contact us for any reason, please do so via firstname.lastname@example.org.