ONLINE PURCHASING ZONE
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TERMS & CONDITIONS

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1. Definitions

1.1 Buyer �½ The person or corporate body purchasing the Goods
1.2 Company �½ CaptureSport Australia Pty Ltd
1.3 Goods �½ the goods purchased under these terms and conditions
1.4 Contract �½ this contract between us relates to the purchase of the Goods.

2. Application of Terms


2.1 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).


2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document shall form part of the Contract.


2.3 These conditions apply to all the Company's sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.

2.4 Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions on the terms of the contract.

2.5 No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgment of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.

2.6 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.

2.7 Any quotation is given on the basis that no Contract shall come into existence until the Company dispatches an acknowledgment of order to the Buyer. Any quotation is valid for a period of [30] days only from its date, provided that the Company has not previously withdrawn it. CaptureSport reserves the right to charge any payment processing fees that are applied by 3rd party system payment providers.

3. Money Back Guarantee

Money Back Guarantee period is 28 days after date of purchase.

If you are not 100% satisfied with your purchase, you may receive either a prompt replacement or refund subject to the Return Material Authorisation procedures documented below being adhered too.

  • Shipping and insurance charges are not refunded. In order to receive a refund, your purchase must be returned with carriage pre-paid.
  • All items must be returned in "as new" condition, in original packaging and with all manuals, accessories (save as to second user goods which must be returned in the same condition as they were received from the Company) and include the original invoice. Any discrepancies will result in forfeiture of your refund or a 20% reduction in the refund.
  • Please note carriage costs will not be refunded against any returned items.
  • Refunds on purchases made with a credit card will only be credited to the same card.


4. Returns Policy

End of line or second-user products are bought as is - without warranty - unless stated. We reserve the right to withdraw our policy for refund with this purchase option.

Standard manufacturer�½s warranties are valid from date of invoice on all current lines offered. All Goods, other than software, returned within the Goods�½ warranty period from date of invoice, with original receipt, are eligible for repair or at the Company�½s discretion replacement.

  • The Company reserves the right to replace or repair any faulty Goods or components with either new or refurbished products dependent on requirements.
  • The Company will not accept the return or exchange of any Goods if the Serial Label has been removed or broken.
  • The Company�½s warranties and technical support will not cover Goods, software or components that have not been directly purchased from the Company.

5. Return Material Authorisation Procedure

Before returning any item you must call our Customer Service Department on +61 (8) 9310 8184 (as amended from time to time) within the warranty period of the Goods, valid from the date of invoice, for a Return Material Authorization (RMA) number and form.

  • You are required to action any RMA's issued within 7 days after which it will become invalid.
  • The completed RMA form must be included within the packaging and the RMA number must appear on your return packing label. Please do not write on the outside of the box.
  • Please note returned items which do no have an official RMA number clearly visible on the label will be rejected as the good-in system is automated.
  • Goods damaged in transit must be reported within 48 hours otherwise we will assume you have accepted the delivery as is.
  • Any faults or damage that is not documented on the Company's RMA form and/or may have occurred through misuse or bad installation will not be covered by the Company's warranty in clause 4 above.

6. Ordering Information & Methods of Payment

  • Credit Card Orders: - The Company accepts Visa, Switch, MasterCard and Delta, all of which may be subject to a maximum 3% surcharge.
  • CHAPS or Electronic money transfer details supplied on request.
  • Payment by Cheque: - Please note you must allow 7 working days if a cheque payment is forwarded; you are required to post the cheque payment together with our invoice
  • Cheques should be made payable to CaptureSport Australia Pty Ltd or CaptureSport UK Ltd.
  • In the event of a purchase made by a cheque payment, refunds will only be made by Company cheque.
  • Charges for delivery will NOT be included in any refund payment made.

Prices, offers, product descriptions and photographs, specifications and availability of products are subject to change without notice before or after any order confirmation but prior to dispatch of goods due to errors, changing market conditions, product discontinuation or typographical errors. Due to the volatile nature of the IT market place, descriptions may not reflect current technical information. Images are for illustration purposes only.

  • We reserve the right to limit sales, including the right to prohibit sales to re-sellers, business organisations or individuals.
  • Published prices do not include delivery charges or insurance. Proof of purchase is mandatory for refunds.
  • Purchasing products for export - you are responsible for the necessary export documentation before shipment is made to a foreign country. Manufacturer's warranties for exported products may not be transferable.
  • The Company may sell or share its customer information, or any material, information, and ideas you provide. If you prefer that your name not be sold or shared, please identify this when setting up your account login, alternatively e-mail to - info@capturesport.com, and we will exclude it. This also will apply to e-mail promotions.


7. Disclaimer of Warranty, Title to Goods, Trademarks

The Company hereby expressly disclaims all warranties either expressed or implied including any implied warranty of merchantability or fitness for a particular purpose to the extent permitted by law. This disclaimer in no way affects the term of any manufacturer's warranty. The title to purchased goods is retained by the Company until goods are paid for by the Buyer in full. The Company reserves the right to repossess any goods that have not been paid for in full and invoice the customer for any legal, delivery and restocking costs incurred. All trademarks published and other intellectual property in respect of the goods supplied remain the property of their respective companies.

8. No Consequential Damages.

In no event shall the Company, its subsidiaries or affiliates, or their respective officers, directors, employees, representatives or agents (collectively, "CaptureSport") be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, fitness of use, or profits, over and above the price paid for the Goods and whether or not the Company has been advised of the possibility of any such damages. Save as to liability for death or personal injury this clause applies to liability however so caused, including but not limited to, breach of contract, negligence, or otherwise.

9. Force Majeure

The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.

10. Waiver

10.1 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

10.2 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

10.3 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

11. Governing Law

The Company may revise these terms and conditions at any time. These terms and conditions and the resulting contract are governed and construed by the laws (but not the rules governing conflicts of law) of Australia and the parties submit to the exclusive jurisdiction of the Australian courts. You agree that if any part of these terms and conditions are found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect.

12. Delivery Policy

Items are shipped via Australia Post. Please allow 4-6 working days for delivery after order has been dispatched. Any out of stock items will be noted as such on our site. If we are unable to dispatch goods within 2 working days we will notify you.



Privacy and Data Security

1. What the CaptureSport Privacy Policy covers?

This Privacy Policy outlines CaptureSport practices regarding information collected online at any websites operated by CaptureSport. We suggest that you review this Privacy Policy periodically as we may update it from time to time. This policy was last revised February 2009. By visiting CaptureSport's website or otherwise interacting with CaptureSport, you are accepting the practices described in this Privacy Policy.

2. What information we collect?

Each time you visit CaptureSport's website and interact with us, CaptureSport may collect personally identifiable information (such as first and last names, business address, email addresses and telephone numbers) that you provide when you contact CaptureSport (by e-mail or otherwise) or contact CaptureSport customer service representatives or otherwise interact with CaptureSport.

3. How we use and share your personal information?

Your personal information is used by CaptureSport to enhance your relationship with them, respond to your requests, tailor offerings to you, communicate with you about products, services, special offerings and events or programmes offered by CaptureSport or their marketing partners that may be of interest to you.

From time to time you may receive periodic mailings, telephone calls or e-mails from CaptureSport with information on new products or services, discounts, special promotions, upcoming events or other offers from CaptureSport or its marketing partners. You may opt out of receiving such communications by contacting us at info@capturesport.com.

4. Online Store.

CaptureSport may share your personal information with service providers who provide services for or administer activities on behalf of CaptureSport (such as, but not limited to, authorisation of credit card, order fulfilment or joint product and service promotions). CaptureSport may share your information with service providers who develop, host and maintain the website on behalf of CaptureSport. CaptureSport may also share your information with service providers who warehouse product, personalise product and perform order fulfilment on behalf of CaptureSport. These service providers are granted access to some or all of your personal information as necessary and may use 'cookies' (as defined in Section 6 below) on our behalf, but are contractually restricted from using your personal information in any manner other than as may be necessary to perform their services.

In the event that CaptureSport or its assets is bought or sold, customer information will likely be included among the transferred business assets.

CaptureSport may also disclose specific information when it determines that such disclosure is necessary to comply with the law. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.

5. How your personal information is protected?

CaptureSport uses industry standard security techniques on the CaptureSport website to help protect against the loss, misuse or alteration of information collected from you at the CaptureSport website. When you transmit personally identifiable data to CaptureSport, that information is stored on servers that CaptureSport have attempted to secure from unauthorised access or intrusion. When and if on-line purchases are transacted, Secure Socket Layer (SSL) software will encrypt all personal information you might transmit to CaptureSport. Of course, CaptureSport cannot be and are not responsible for unauthorised access to information by hackers or others who have obtained such access through illegal measures.

5. What are 'cookies' and how do we use them?

CaptureSport uses 'cookies' which are small pieces of information stored by your browser on your computer's hard drive. The cookies are used to connect your computer with information stored about your preferences and product purchases. (Some examples of this data include your account preferences, items added to your shopping basket, user specific information on pages accessed and previous visits to the site.) CaptureSport will not use cookies to store any of your personal or financial information on your computer. The 'help' portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new 'cookies', how to have the browser notify you when you receive new 'cookies' or how to disable 'cookies' altogether. If you reject 'cookies', you may not be able to participate in certain activities or receive a product presentation tailored to you.

7. Linked Sites.

CaptureSport links to other websites. Those links are provided for convenience only and may not remain current or be maintained. In providing such links, CaptureSport does not accept responsibility for, or endorse the content or condition of, any linked site. Please note that the privacy policies at these other sites may be different from this one. You should review the privacy policy of any site linked to from CaptureSport prior to providing any information on or to that site.

8. Revisions to this Privacy Policy.

This Privacy Policy may be updated and revised from time to time and we will post any changes on this policy. You agree that the information that we gather now will be subject to the Privacy Policy in effect at the time of use. We may contact you with periodic notices concerning our Privacy Policy but you should check the CaptureSport website periodically to review any changes.



 
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