Cable Chick Australia - Terms of Service

Cable Chick Australia - Terms of Service

Last Updated: 21 March 2013

Cable Chick

Cable Chick is a wholly owned subsidiary of Vidorra Pty Ltd
The terms 'We', 'Cable Chick', 'the Site' and 'cablechick.com.au' refer to the trading entity 'Cable Chick' and its online storefront.
The term 'the buyer' refers to any legal entity purchasing from Cable Chick in accordance with the below terms.
The term 'carrier service' refers to any third-party or contracted delivery service used to delivery goods to the buyer.

General

These Terms of Service shall override any terms detailed in any order, or any terms provided verbally by a representative of Cable Chick. Only the most recent publicly available version of these terms will apply to all matters relating to our provision of services. These terms of service contain important information about ordering, processing, fulfilment and delivery of goods, plus limitations of liability which may affect the buyer.

Agreement

By visiting our website or placing an order, the buyer agrees to these Terms of Service, which constitutes a legally binding agreement for the supply of goods. The buyer must:

  • be of legal age (18+) to enter into such an agreement
  • provide all the necessary details for order fulfilment
  • provide proof of identity if requested

Cable Chick is not liable for any costs or damages incurred as a result (direct or indirect) of the buyer not complying with these requirements.

Copyright and Trademark Ownership Notice

The Cable Chick logo, including all related icons, mascots & artworks are properties of Cable Chick (also referred to as 'cablechick.com.au') and its parent companies. All other marks, names, and logos mentioned herein are the property of their respective owners.

All brands & images appearing on this Site including graphics, text, design, buttons, logos, images, and icons, as well as the selection, assembly, and arrangement, are the property of their respective owners. The content on this Site is only for the purpose of shopping and ordering on this Site and for no other purpose. Any other use, including modification, reproduction, reverse-engineering, uploading, posting, transmission, or distribution in any form or by any means without Cable Chick's prior written permission, is strictly prohibited.

All rights not expressly granted herein are reserved.

Disclaimer and Limitation of Liability

This site is provided by Cable Chick on an as-is basis. Cable Chick makes no representations or warranties of any kind, express or implied, as to the operation of this site, the information, content, materials or products detailed or included on this site. To the full extent permissible by applicable law, Cable Chick disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Cable Chick will not be liable for any damages of any kind arising from the use of this site or the products provided at the buyers request, including but not limited to direct, indirect, incidental, punitive and consequential damages.

Any material downloaded or otherwise obtained through the use of this site is done at the buyers own discretion and risk. The buyer will be solely responsible for any damage to a computer system or loss of data that results from the access or download of any such material. No advice or information, whether oral or written, obtained by the buyer from Cable Chick or its employees or representatives will create any warranty not expressly provisioned in these terms.

Once goods have been delivered to the buyer, or delivered in accordance with their instructions, the buyer assumes all risks and liabilities in relation to the installation and operation of the goods, in additional to all responsibilities regarding the safety and ownership rights of the goods. Cable Chick recommends professional tradesmen be engaged at the buyers expense for the correct installation of all goods, especially for the permanent installation of wall brackets, wall plates, cables and electronic equipment. Cable Chick will not be liable for any loss or damage to goods or property resulting from improper installation. All products should be fully tested by the buyer to meet the buyer's requirements before installation. Cable Chick will not be liable for any costs involved in the installation or removal of any goods for any reason including product fault.

In the event of a confirmed product fault covered by warranty, Cable Chick is liable only for the cost of the faulty goods up to their individually invoiced values. Shipping costs are not covered under warranty or returns policies as outlined on those policies individual pages. Please see our Warranty & Returns page(s) for more information.

Errors & Omissions

Price
In the event a product price is listed incorrectly due to typographical error, error in pricing information received from our vendors, or by computer malfunction, Cable Chick shall have the right to refuse or cancel any orders placed for products listed at an incorrect price, regardless of whether the order has been confirmed and/or full payment received. If the buyer's credit card is charged for an invalid purchase and the order is cancelled, Cable Chick will credit the original credit card account in the amount of the incorrect value only. The buyers assistance may be required to facilitate a refund as credit card information in not stored by Cable Chick.

Prices may be changed at any time and without notice.
Prices are exclusive of shipping charges.

Information, Descriptions and other Content
Cable Chick's Site contains information, advice, text, and other materials that are provided for the buyers convenience and enjoyment. You should be aware that the information might contain errors, omissions, inaccuracies, or outdated information. Cable Chick makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products within this Site does not imply endorsement of that product.

Data relating to the specifications of a product may change at any time. Weights, Dimensions, Capacities and version information are approximate. Cable plug style may vary or change at any time.

Cable Chick endeavours to ensure all information is present and correct to assist the buyer with making an informed purchasing decision, but it the responsibility of the buyer to ensure that their purchases are fit for purpose and compatible with any relevant existing hardware. Failure of the buyer to verify a products compatibility with the buyers express requirements before purchase does not constitute a product defect and is not covered under warranty. Please see our returns policy for more details.

Photography
All p
hotography and images provided on CableChick.com.au are for illustrative purposes only any may not represent stock on hand.

Cable Chick maintains a strong emphasis on accurate representation of all its products. However, changes to colours, materials, design and styling may occur at any time and/or outside of our control. Cable Chick does not guarantee that all products will exactly match their photograph for the purposes of colour, materials, design or styling, but maintain that they will be fit for purpose at all times and meet or exceed their listed technical specifications.

In all circumstances where cable/plug colour, material, styling or design is critical to a customers intended application, we encourage direct contact with a Cable Chick representative to ensure that photos currently available remain accurate to the stock on hand.

At no time will a difference in colour, material, styling or design which does not impact the fitness for use of the product be accepted as grounds for a product return or refund.

Order Policy

These terms of service and the conditions herein pertain only to orders made via www.cablechick.com.au, via our phone service, or in-store. Any orders made outside of these channels will not be recognised by Cable Chick and claims against them will not be acknowledged. Please be wary of phishing scams and 'copy-cat' retailers who may masquerade as Cable Chick, a subsidiary of Cable Chick, or represent themselves in such a manner as to confuse themselves with our branding, website or trading entity.

Cable Chick is not present on eBay, nor do we sell goods through their services or website.

Discretion of Rejection
The buyer's receipt of an electronic or other form of order confirmation does not signify acceptance of an order, nor does it constitute confirmation of an offer to sell. Cable Chick reserves the right at any time after receipt of an order to decline that order for any reason. We may require additional verification or information before accepting any order. If verification of identity is not adequately provided, the order will be cancelled under suspect of fraud.

A legally binding contract is formed between Cable Chick and the buyer only once the goods have been dispatched. Prior to dispatch, all goods remain the property of Cable Chick.

Availability & Order Fulfilment
Cable Chick reserves the right, at any time after receipt of an order and without prior notice to the buyer, to supply less than the quantity ordered of any item in the event of unforseen short supply. In the event of a short-supply, you will be contacted and any relevant funds will be reimbursed in accordance with any balance in credit left after part-fulfilment or cancellation.

Delivery
Once an order is received, paid in full, accepted by Cable Chick and processed for fulfilment, we will endeavour to dispatch that order within one business day or according to our same-business-day policy where applicable. If we are unable to dispatch an order due to unforseen circumstances or limitations of service from third-party vendors, and the estimated time of delivery will be affected by a delay in dispatch, we will contact the buyer and advise the buyer of the expected dispatch time.

Cable Chick reserves the right to ship goods by the most economical means available in accordance with the shipping method paid for by the buyer. 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, the buyer is not entitled to a cancellation of their purchasing contract. Lost or misdirected partial shipments will be replaced only after suitable time is given for Cable Chick to complete an investigation with the carrier service.

Cable Chick offers a service whereby the buyer can specify delivery instructions which may absolve the carrier service of all or part of their responsibility to secure delivery confirmation. Cable Chick will not be liable for any order, or delivery of order, that is delivered in accordance with the buyer's delivery instructions. Circumvention of signature on delivery requirements will void any and all insurance cover.

Force Majeure

Cable Chick shall not be liable for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is outside the seller's reasonable control. Delays in delivery may occur at any time for reasons outside of our control or our carrier service's control (for example, Acts of God), and the buyer may not hold Cable Chick liable for any losses relating to such a delay.

Warranties and Returns

All warranties are on Return To Base condition, requiring goods under warranty to be sent back to Cable Chick for repair, replacement or refund. Cable Chick is not liable for the postage, freight or shipping costs involved with returning goods under warranty.

Warranty coverage periods are specified on a per-product basis. Consult the individual product pages for information on applicable warranty periods. All passive* cables and adapters are covered by a 5-Year warranty provided for by Cable Chick under the terms of replacement, repair or refund as outlined in the Warranty and Returns policy page. All other items carry a minimum of 12 months manufacturer's warranty, or other warranties as specified on their respective product pages.

If the manufacturer's warranty of a product exceeds the warranty expressly offered by Cable Chick (for example, the Amped brand of cables), the buyer must direct all warranty claims to the manufacturer directly once the Cable Chick warranty period has elapsed.

* Passive cables and adapters are considered to be any basic cable which does not contain chipsets, printed circuits or other electronics, especially those powered from external sources. See individual product descriptions for information on applicable warranty periods.

Free Gift Promotion Terms and Conditions

Cable Chick regularly runs promotions and/or 'giveaways' where a catalogue product or non-catalogue special item may be included free with a purchase. These promotions generally fall into two categories: One where there is a minimum-spend to qualify to receive a free gift, and events where a gift is included with an order without appearing on the invoice.

For all occasions where a product is included with an order without appearing on the invoice, that item is not subject to any warranty or return requirements on behalf of the customer or Cable Chick.

For all occasions where a product is included with an order and appears on the invoice (even with a $0.00 value) AND the promotion conditions required a minimum-spend to qualify for the free gift, the free product may be requested back as a part of a return claim. In the event that all or part of an order containing a free gift item is to be returned to Cable Chick for refund, exchange or store credit, the free gift must be included at the request of a Cable Chick customer service representative in order for the return to meet the requirements for the claim to be conducted to the full extent possible.

Customers may not keep free gifts when a return, exchange or other related warranty claim will reduce the total order value of the invoice in question below the minimum-spend payment threshold which qualified the order to receive the gift initially. If a customer cannot provide the free gift as a part of the returns process when requested, full cash refunds will not be made available and other limitations may be placed when conducting the claim.

Tax

Cable Chick is required by law to collect 10% goods and service tax (GST) on behalf of the Australian Taxation Office. All of the prices listed online for goods and services (including shipping) are inclusive of GST.

User Content

Cable Chick may allow users of this Site to post reviews, faqs, comments, content, relating to products featured on the Site. By submitting such Content, you automatically attest that all content is accurate and original and that, without any particular time limit, and without the payment of any fees, Cable Chick and anyone Cable Chick permits may reproduce, display, distribute and create new works of authorship in any media, based on and including the Content. Additionally, you grant Cable Chick the right to use the name you submit in connection with such Content.

No Endorsement of User Content
Users to this Site are prohibited from posting through this Site any harmful, vulgar, obscene, profane, sexually explicit, abusive, threatening, privacy invading, libellous, racially, ethnically, or otherwise objectionable or unlawful content of any kind, or that infringes or may infringe on the intellectual or other rights of another. You acknowledge that Cable Chick does not endorse or pre-screen content, but that Cable Chick and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via this Site.

Affiliate Program

The Cable Chick online Affiliate Program is available to all approved affiliate applicants. Eligible affiliates must have a valid ABN, and Australian bank account for receiving payments.

Gift Vouchers, Discount Codes and Store Credits

Our returns policy does not cover any voucher code, discount code or store credit code. Codes of this nature are non-refundable and non-transferable and cannot be exchanged or redeemed against another code of any type. Unless specified otherwise, codes are valid for one use in a single transaction towards a single order. Any partial credit remaining after a code is redeemed will be forfeited.
Cable Chick cannot replace a lost or stolen code once it has been received.

In the case of store credit only, Cable Chick may elect to grant a partial redemption, but only when a partial-credit purchase is conducted via phone.

Miscellaneous

If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

A failure or delay by Cable Chick in exercising a right or policy under these terms of service does not constitute a waiver of that right or policy.

Cable Chick employees and representatives do not have the authority to modify or circumvent the Terms of Service as they pertain to sales, warranties, returns or limitation of liabilities.