Terms and Conditions of Sale
Table of Contents
- Terms used in this agreement
- Using the Beconfident Australia Online Store
- How the contract is formed between you and Beconfident Australia
- Availability and product delivery
- Consumer rights
- Risk and title
- Price and payment
- Personal data
- Beconfident Australia ’s liability
- Intellectual property
- Import duty
- Written communications
- Transfer of rights and obligations
- Force Majeure Events (Events Outside Beconfident Australia ’s Control)
- Entire Agreement
- Out right to vary these terms of sale
- Law and Jurisdiction
Beconfident Australia Online Store - Terms and Conditions of Sale
Last Updated: 23.11.2015
Please read these terms and conditions carefully before purchasing products.
beconfident.com.au is a Website operated by Beconfident Australia ABN 41 608 608 046 ("Beconfident ", "we", "us", "our"). Beconfident Australia in Australia has its principle place of business at:
246 Pacific Highway
Crows Nest NSW 2065
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Beconfident Products listed on our website beconfident.com.au to you. Please read these terms of sale carefully before ordering any Products from the Beconfident Australia Online Store. You should understand that by ordering any of our Products, you agree to be bound by these terms of sale.
You should print a copy of these terms of sale for future reference.
You must be over 18 years old to order any Products from the Beconfident Australia Online Store.
Please accept these terms of sale at the end of the checkout page. Please understand that if you refuse to accept these terms of sale, you will not be able to order any Products from the Beconfident Australia Online Store.
If you have any questions regarding these terms of sale (including any technical questions) please click here.
1. Terms used in this agreement
In this agreement the following terms shall mean:
- "Contract" means the binding legal agreement between Beconfident Australia and you formed in accordance with the terms and conditions.
- "Force Majeure Event"includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- lack or shortage of supply of Products and or Goods;
- impossibility of the use of public or private telecommunications networks; and/or
- the acts, decrees, legislation, regulations or restrictions of any government.
- "Goods" means physical products such as (but not limited to) books, manuals, retail packaged software and backup copies of software sold in the Beconfident Online Store;
- "Product" is any Beconfident product consisting of either a Download or Goods which may be purchased from the Beconfident Online Store operated by Beconfident Australia;
- "Beconfident", "we" or "us" Beconfident Australia, of 338 Glen Osmond Road, Myrtle Bank SA 5064, Australia, its employees, subcontractors and/or other companies which are appointed by Beconfident to provide services in relation to the Beconfident Online Store operated by Beconfident Australia; and
- "Beconfident Online Store" includes the website beconfident.com.au, and Goods, Products and Service offered for sale.
2.1 The Beconfident Online Store is only intended for use by customers resident in (Australia).
2.2 By ordering Products from the Beconfident Online Store, you acknowledge and agree, that:
2.2.1 You are legally capable of entering into binding contracts;
2.2.2 You are at least 18 years old; and
2.2.3 You are resident in Australia and you are ordering the Products from Australia.
3. Using the Beconfident online store
3.1 To use the Beconfident Online Store services you need to register and log in to the site using an account which can be created here: Sign Up.
3.2 Please log into the Beconfident Australia Online Store and browse the shop. To order an item simply click the shopping cart icon to add the Product to your shopping basket. Once you have finished shopping, please click on the shopping trolley icon in the top left hand corner of the screen. Please click on the button marked "Checkout Now" and follow the instructions on screen to complete your order.
4. How the contract is formed between you and us
4.1 This contract will be concluded with Beconfident Australia.
4.2 After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending either (a) the download link and key or (b) the physical product to you. The Contract between Beconfident and you will only be formed when you receive the Product.
4.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
5. Availability and product delivery
5.1 Although we endeavour to ensure the availability of the Products shown in the Beconfident Australia Online Store, we cannot guarantee that all of the Products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:
5.1.1 to offer you an equivalent Product(s) in terms of quality and price which you may decide to accept or reject; or
5.1.2 to advise of the delay in supplying the Products in your order to you; or
5.1.3 notify you that we are unable to fulfill the order.
If you reject our offer of an alternative Product or we are unable to fulfill the order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s).
5.2 Your order will be fulfilled by the delivery date set out in the Order Confirmation or, and if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances. If it is not possible to deliver the Product within the delivery period indicated, we shall refund you the paid purchase price on request.
5.3 Products sold in the Beconfident Australia Online Store are delivered to you by electronic transfer if you have purchased a Download or by post or courier if you have ordered Goods (for example a boxed retail package, a backup CD, or a manual etc.).
6. Consumer rights
Except where required by law, we do not provide you with the right to cancel orders or return goods, simply because you have changed your mind.
Additional Rights of refunds For the avoidance of doubt, there are additional rights to return Goods, where the Goods are, for example, defective. In this event please refer to paragraph 9 (Refund Policy) of these terms of sale. Further details of this statutory right and an explanation of how to exercise it, are provided in the Order Confirmation.
If you wish to return a Product to us for any other reason (for instance, because have notified us in accordance with clause 20 (Right to Vary) that you do not agree to any change in these terms of sale or in any of our policies, or because you claim that the Product is defective), you must inform us in writing by giving notice to us.
You are required to return any Products to us, at your own cost, to the returns address we stipulate and in accordance with any instructions we give you. You are responsible for safely returning the Product, and we will not be responsible if the Product is lost or damaged in transit. We will not be responsible for any damage due to your inappropriate use of Product, or not using the Product in accordance with any provided directions. We will examine the returned Product or investigate your complaint and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund for the defective Product. Payments returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
Beconfident Australia will usually refund any money received from you using the same method originally used by you to pay for your purchase.
7. Risk and title
7.1 The Products will be at your risk from the time of delivery.
8. price and payment
8.1 The price of any Products will be as quoted in the Beconfident Australia Online Store from time to time, except in cases of obvious error.
8.2 These prices include GST but exclude delivery costs, which will be added to the total amount due as set out in our.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
8.4 The Beconfident Australia Online Store contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in the Beconfident Online Store may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated in the Beconfident Online Store, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be made by credit or debit card. We accept payment with Visa and Master Card. We are under no obligation to deliver the Products until we have received payment from you.
9. Personal data
10. Beconfident Australia ’s liability
In accordance with your statutory rights Beconfident makes the following statements and agree that they are true to you that any product purchased from the Beconfident Online Store is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and that the product corresponds with its description.
The product specifications and system requirements required to activate and operate products are described in more detail at beconfident.com.au Beconfident cannot ascertain whether your computer fulfils the system requirements, therefore Beconfident Australia cannot and does not assume responsibility or liability for the functionality of your computer system after a Product has been installed.
Beconfident will only be liable for losses which are foreseeable to both you and to Beconfident as a consequence of us breaching these terms of sale and caused by our own negligence. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the Beconfident Online Store.
This does not include or limit in any way our liability:
for death or personal injury caused by our negligence;
the implied warranties in the Competition and Consumer Act 2010 (Cth);
for fraud or fraudulent misrepresentation; or
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Nothing in these terms of sale shall affect your statutory rights
11. Intellectual property
11.1 Products offered in the Beconfident Online Store are the intellectual property of Beconfident. You may not remove any copyright, trademark or intellectual property notices contained which forms part of any Product or that appears on our site beconfident.com.au
12. Import duty (optional)
12.1 If you order Products from the Beconfident Online Store for delivery outside Australia, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. Beconfident is not liable for any breach by you of any such laws.
13. Written communications
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Beconfident Online Store, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices in the Beconfident Online Store or the Account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14.1 All notices given by you to Beconfident by email. We may give notice to you at either the email or postal address you provide to us when placing an order, the email address associated with your account, or in any of the ways specified in clause 14 (Written Communications) above. Notice will be deemed received and properly served immediately when posted in the Beconfident Online Store, 24 hours after an email is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15. Transfer of rights and obligations
The Contract is binding on you and Beconfident and on our respective successors and assigns.
Beconfident may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Force majeure events (events outside Beconfident's control)
Beconfident will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control that is a Force Majeure Event.
Beconfident’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If Beconfident fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of sale, or fails to exercise any of the rights or remedies to which Beconfident are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by Beconfident of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 (Notices) above.
18.1 If any of these terms of sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
19.1 These terms of sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms of sale.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms of sale, except as otherwise provided by law.
20. Our right to vary these conditions of sale
We have the right to revise and amend these terms of sale from time to time.
You will be subject to the policies and terms of sale in force at the time that you order products from us, unless any change to those policies or these terms of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms of sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. Law and jurisdiction
21.1 Contracts for the purchase of Products placed through the Beconfident Online Store will be governed by laws in New South Wales. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
22.1 The language of the Contract shall be English.