General Terms and Conditions

Introduction

The website www.croydonringwoodcamerahouse.com.au is owned and operated by Croydon Camera House P/L [ABN 29 007 312 996].
All products listed on the website are described to the best of our ability and the specifications reflect the information that has been provided to us. All care is taken to ensure this information is correct, but we cannot eliminate the possibility of human error.

In these General Terms and Conditions for use of the Croydon and Ringwood Camera House Website “we”, “our” and “us” means Croydon Camera House Pty Ltd Croydon Camera House and Ringwood Camera House “our website” means the URL www.croydonringwoodcamerahouse.com.au and “you” and “your” means you, the customer.

E-mails and Other Online Communications

When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website we and you consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. We and you agree that all electronic communications between us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.

Subscribing and Unsubscribing to our E-mail List

Subscribing

Registering on www.croydonringwoodcamerahouse.com.au allows users to be included in our email mailing list. Our emails include information on special offers, competitions, new product arrivals and other communications. You can subscribe by registering on the homepage, on the checkout page. Alternatively you can purchase products without registering, simply select that option at checkout.

Unsubscribing

Every marketing or other e-mail we send has an unsubscribe option. Simply unsubscribe by following the link at the bottom of our email communications. Users will be removed from our mailing list once the unsubscribe option is selected.

Cookies and Web Beacons

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site. We use session ID cookies to make it easier for you to navigate around our site. A session ID cookie expires when you close your web browser. If your computer is set to reject cookies, you may still use our site, but your ability to use some of the areas of our site will be limited. Cookies could possibly be tracked for up to 30 days.

Some of our business partners (such as our tracking utility company) use cookies and Web beacons on our site to monitor site activity. We have no access or control over these tracking technologies.

Copyright and Other Intellectual Property Rights

Croydon Camera House owns the trade marks “CROYDON CAMERA HOUSE” and “RINGWOOD CAMERA HOUSE” and reserves all rights in relation to it.

Any other intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to www.croydonringwoodcamerahouse.com.au are owned by us, or in some cases a third party. These intellectual property rights are protected by Australian and international laws. You should assume that all of the content made available to you through this website is owned by Croydon Camera House or by third parties and is protected by copyright or other proprietary rights.

Nothing contained on www.croydonringwoodcamerahouse.com.au is to be interpreted by you as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

You may view www.camerahouse.com.au and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of www.camerahouse.com.au or commercialise any information contained from any part of the website without our prior written permission or, in the case of third parties, from the owner of the copyright of that material.

Your Account

To purchase from us you must establish an account on this website (“your membership account”).

We retain absolute discretion to refuse to allow your membership account to be established, to terminate your membership accounts and to remove or edit content where your membership account has not been kept in accordance with these terms and conditions.
You are responsible for the confidentiality of your membership account password. Your password and account details are stored on a secure server for ease of use in processing future orders or for warranty claims. Please refer to our Privacy Policy on this website.
You must notify us immediately if you become aware of any breach of security or unauthorised access or use of your membership account. You are solely responsible for the activity that occurs on your membership account.

Security

We use Paypal for our online credit card transactions.
Please refer to Paypal Terms & Conditions below for further information.
https://www.paypal.com/au/webapps/mpp/ua/paypalhereterms-full

Privacy Policy

Introduction

We have prepared this Privacy Policy to explain how we will handle the personal information of individuals who create a membership account and / or conduct online purchases from our website.

This web site is subject to the National Privacy Principles under the Australian Privacy Act 1988 (as amended by the Privacy Amendment (Private Sector) Act 2000) and This Privacy Policy explains in general terms how we protect the privacy of your personal information under the National Privacy Principles. It will apply to any personal information you provide to us when creating a membership account or transacting with us.

Application

We respect your privacy and are committed to protecting your personal information. We do not disclose confidential information about you except as required to provide our services, with your consent or as required or permitted by law.

Collection of Your Personal Information

Personal information about you is used strictly for limited purposes. From time to time, we will collect information about you such as your name, server address, domain name, contact details, occupation, title, the date and time of your visit and the information downloaded concerning the matters on which you seek our services. This information is collected when you give it to us directly, when you use our services or when you visit our website.

Use of Your Personal Information

The personal information we collect about you is primarily used for the purpose of processing your order and communicating effectively with you about:

  • Returns and exchange authorisations;
  • Order confirmation;
  • Sending you tax invoices;
  • Delivering the products you have purchased online;
  • Providing you with dispatch and tracking information with regard to your online order(s);
  • Providing you with pick up details and tracking information with regard to your store pick up order(s);
  • Sending you e-mail newsletters containing special offers;
  • Administering your account; and
  • Servicing our relationship with you.

You may also sign up to receive periodic e-mail newsletters letting you know of our latest specials. If at any time you decide you do not want to receive or continue to receive additional information from us, please refer to the heading “Subscribing and Unsubscribing to our e-mail marketing List contained within these terms.

There is an option to subscribe to the e-mail newsletter as part of any online transaction you conduct with us.

If you do not wish to provide us with personal information, we may be unable to properly provide you with the products, services, information and/or warranties that you require.

Disclosure of Personal Information

We will not disclose or share your personal information with our business partners unless you give Camera House your specific permission to do so. However, from time to time we may send you material from our business partners. If you choose to accept those promotional offers or provide your information to those third parties, that is your choice.

We may, however, use or disclose your personal information to third party organisations for purposes relating to the management of your membership account with us. Such organisations include:

  • Service providers who manage the services we are able to provide you with;
  • Mailing systems which facilitate delivery of the products you have purchased with us;
  • Live help service providers;
  • Maintenance and repair services;
  • Market research; and
  • Our professional advisers such as lawyers, accountants and auditors.

Please be assured that we require these organisations to observe strict confidentiality obligations with regard to your personal information and are also bound to adhere to the National Privacy Principles. These third party service providers are not permitted to use your personal information for their own marketing purposes.

Security

Other than described above, we will not use, sell or disclose your personal information without your consent. We endeavour to take all reasonable steps to keep secure any information which we hold about you and to keep this information accurate and up to date.
We have robust systems and procedures in place to protect your privacy and your information is stored insecure servers. We are continually upgrading these systems and reviewing our procedures to ensure the highest standard of security is used to protect your personal information.

However, notwithstanding the highest standards of care that we take with security, we cannot be held responsible for events arising from unauthorised access to your personal information.

We may, from time to time, engage third party contractors to carry out work for us. Third party contractors are prohibited from using collected personal information about you, except for the specific purpose for which that personal information has been supplied by us to the contractor.

Contact us

You have a right to access your personal information that Camera House collects and holds about you. If you wish to see your personal information, change or update your details or have any questions about this Privacy Policy, please contact:

The Privacy Officer:
Croydon Camera House
125 Main Street, Croydon, 3136
03 97253816

Changes to General Terms and Conditions

Because of frequent changes in internet technology and applicable law we reserve the right to make changes to these General Terms and Conditions at any time that technology and legal changes require. You should check these Terms and Conditions regularly for such changes.

External Sites

This website may contain links to, or frame, websites of third parties (“external sites”) which Croydon and Ringwood Camera House is not required to maintain or update.

Any links to, or framing of, external sites should not be construed as any endorsement, approval, recommendation or preference by Croydon and Ringwood Camera House of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on this website.

Croydon and Ringwood Camera House makes no warranties and accepts no liability in relation to material contained on external sites.

Disclaimer

This clause is not intended to exclude or limit any rights which you may have under the Trade Practices Act 1974 (Cth) or equivalent State or Territory laws.

Except where to do so would otherwise cause any part of these Terms to be illegal, void or unenforceable, we exclude all conditions and warranties implied into these Terms & Conditions.

We do not accept responsibility and we disclaim liability for any loss, damage or injury (including negligence), howsoever caused, which you may directly or indirectly suffer (or allegedly suffer) in connection with use of this website. This limitation includes, but is not limited to, consequential damages, interruption of business, loss of data, income or profit, loss of or damage to property, and third party claims.

In addition, www.croydonringwoodcamerahouse.com.au, its affiliates and information providers do not warrant or guarantee the timeliness, accuracy or completeness of any information or advice contained on this website and will not be held liable for any errors, inaccuracies or omissions or other defects within any such information or advice or for any claims or losses arising therefrom.

Limitation of Liability

Without limiting the general disclaimer, we:

  • make no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date;
  • will not be liable for disruptions to this website; and
  • will not be liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or an external site.

You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer system or systems.

Under no circumstances, including but not limited to any act or omission on our part, will we be liable for any indirect, consequential and/or incidental damage or loss of profits whatsoever which result from any use or any access of, or any inability to use or access, this website.

To the fullest extent permitted by law, our liability for any breach of any implied warranty or condition for goods or services we provide you which cannot be excluded is limited at our option to the following:

  • in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
  • in the case of services, the supply of the services again or the cost of having the services supplied again.

TERMS & CONDITIONS FOR ONLINE PURCHASES

INTRODUCTION

In these Terms and Conditions for Online Purchases, “we”, “our” and “us” mean Croydon Camera House (ABN 29 007 312 996) These Terms and Conditions, together with the general terms and conditions for use of our website, your order and the order reference number provided to you constitute the entire contract between us and you for the supply of products.

1. Formation of Contract

You offer to purchase products from us through our website. Your offer is made by completing and submitting your order and providing your payment details. Our acceptance of your offer is confirmed by us providing you with an order confirmation and order reference number. Once we provide you with the order reference number a binding contract is formed.

3. Legal Capacity to Transact

3.1 If you are under eighteen (18) years of age, you cannot order via our website.

3.2 Should we suffer any damage or other losses as a result of a transaction entered into by a minor using our website, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any transactions to be entered into via our website.

4. Processing your Order

4.1 Upon completing your order and submitting it through the checkout system the following will occur, depending on whether you elect delivery or an in-store pick up:

(a) for orders where online delivery is requested, an order reference number and tax invoice will be issued to you via a confirmation email, subject to you providing us with your e-mail address
(b) for orders where store pick up is requested, an order confirmation and order reference number will be issued to you via a confirmation email, subject to you providing us with your email address.

4.2 We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud.

4.3 Upon processing your order and receiving payment via your credit card or debit card we send you an order reference and confirmation email, subject to providing us with your email address. Your tax invoice will be sent in either of the following ways, depending on whether you elect delivery or an in-store pick up:

(a) for orders where delivery is requested, your tax invoice will be sent with the goods; and
(b) for orders where store pick-up is requested, a tax invoice will be issued at the time you collect your goods

4.4 We, along with our affiliates, reserve the right to: refuse service or supply of the products; terminate the contract and/or your membership account; remove or edit content from our website at our sole discretion.

4.5 If we cannot process your order after receiving payment, we will contact you using the details entered on the order form at the time the order was submitted.

5. Payment Methods and Processing

5.1 Orders placed on weekends or public holidays may be processed on the next business day.
5.3 Business days are Monday to Friday, excluding Public holidays.
5.4 We process payments only after you successfully complete the checkout.
5.5 Your tax invoice is your proof of purchase and is required for any warranty claims.

6. GST

All purchases include GST unless otherwise stated.

7. Pricing

7.1 We and any other persons involved in the management of this website may make changes in the products and prices described, and to other content of this website, at any time without notice.
7.2 We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified. Images are used for illustrative purposes only.
7.3 We reserve the right to modify prices published on our website at any time.
7.4 The price displayed for products on this website represents the full price in Australian dollars, including GST, for the product itself but does not include postage/delivery charges.

8. Availability

8.1 We attempt to keep stock of most items listed on our website. All stock availability representations (graphical or text) on this website are accurate as of our last known stock level with the manufacturer and is subject to change without notice.
8.2 You will be notified if item/s are on backorder and/ or are no longer available.

9. Delivery/ Pick Up of Goods

9.1 After ordering online and selecting the option of delivery:

(a) You will receive an e-mail confirmation, containing your order details (if you have provided your e-mail address to us).
(b) We will endeavour to send your goods as soon as possible, however, delivery of each ordered product/s can take up to 10 business days from the date payment is received.
(c) Your order will be sent via an Australia Post eParcel. After dispatch, a dispatch confirmation email (subject to you providing us with your email address) which contains an Australia Post eParcel tracking number will be sent to you.
(d) We will deliver each ordered product/s to the place of delivery designated by you at the fees specified at checkout.
(e) If the specified recipient is unable to accept delivery of the Australia Post eParcel, an “Article Awaiting” card will be left at the premises and your order will be delivered to an Australia Post Office suitable to store your order. In these circumstances, delivery is completed by us at the time the “Article Awaiting” card is left at your premises.
(f) Please contact our Customer Service Team if you wish to change your delivery address after payment. If your order has been sent you will be unable to change your delivery address.
(g) Delivery may exceed 10 days if our Customer Service Team are unable to verify your details within 48 hours after placing your order.
9.2 After ordering online and selecting the option of store pick up:
(a) You will receive an e-mail confirmation and order reference number, containing your order details (if you have provided your e-mail address to us)
(b) When your goods are ready for collection, the nominated store will contact you, however, delivery of each ordered product/s can take up to 10 business days from the date payment is received to the date it is available for collection at the nominated store.
(c) The goods will be available at the nominated store designated by you at checkout at the fees specified at checkout, noting that you paid such fees at checkout.
(d) You must collect the goods from the designated store within two (2) months from the date the nominated store contacts you to advise that the goods are ready for collection. Failure to collect the goods within the two (2) month time period may result in the goods being unavailable.
(e) Please contact our Customer Service Team if you wish to change the nominated store after payment. If your order has been sent to the nominated store you will be unable to change your delivery address.
(f) Delivery to your nominated store may exceed 10 days if our Customer Service Team are unable to verify your details within 48 hours after placing your order.
(g) At the time of collection of the goods at the nominated store you will be given a tax invoice for the goods, which you should retain for warranty purposes.

10. Title and Risk

Title to and risk in the products will pass to you upon delivery from us. Title to those products, which are software components to any product, shall remain with the applicable licensor(s) at all times.

11. Cancelled Orders

11.1 Please ensure that you choose carefully and review all products in your cart when completing the checkout process as your order cannot be cancelled once we have provided you with the order confirmation and order reference number.
11.2 No refunds, credits or replacements are offered if you have changed your mind about the ordered products, make an incorrect choice, or failed to verify and accurately provide information when placing an order.

12. Faulty, Damaged or Defective Product & Product Return

Faulty, Damaged or Defective Products
12.1 A product is considered faulty if it does not work when first taken from its packaging or if it shows signs of failure within 14 days of delivery.
12.2 If you receive a damaged or faulty product, we will arrange for it to be repaired or replaced for you. A refund is only available if the product is no longer available.
12.3 Products damaged in transit must be reported to us within 24 hours of receipt of the product.
12.4 If you receive a product that you think is defective, you are to immediately contact our Customer Service Team who may provisionally determine whether the product is defective. You have 14 days from the date of delivery to report a defective product.
12.5 Where a product is provisionally determined to be defective we will arrange to replace the product.
12.6 Where we have provisionally determined your product is defective, return shipping may be arranged at our expense, but this will be determined on a discretionary basis.
12.7 If the product is deemed by customer service/supplier NOT to be defective, we may, in our absolute discretion, refuse to replace the product or offer a refund.
12.8 We reserve the right to test any returned defective product.
12.9 Products must be returned whenever we agree to replace the product or provide you with a refund.
12.10 For product return details, please refer to our Returns Policy.
12.11 Please ensure that all original items including packaging are returned.
12.12 It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return delivery to our warehouse or the nominated Camera House Store.

Product Return
12.13 Subject to the exclusions in clause
12.14 below, if you are dissatisfied with the product you have purchased (but the product is not faulty as set out in clauses 12.1 – 12.12 above), you can exchange the product within and including 14 days from the original receipt of the item(s) (“the Camera House 14 day exchange policy”) on the following terms:

(a) it is your responsibility to present the product with which you are dissatisfied to a Camera House Store within 14 days from your original receipt of the items;
(b) you must provide original tax invoice and photo identification to the nominated Camera House Store with the Product;
(c) you may exchange the product to the original tax invoice value of your goods purchased online;
(d) you may exchange the product once only;
(e) product may only be exchanged if you return all items, including the original packaging and any promotional items included with the product and all of the original components of the product have not been damaged in any way;
(f) in the event the Camera House store where you attempt to exchange the product determines that you have caused damage to the product, exchange can be refused at the discretion of any Camera House staff member.

12.14 Please note the following items are not returnable and/ or non-refundable:

(a) labour expenses;
(b) delivery expenses;
(c) pre-paid gift cards;
(d) digital content;
(e) any product that has been damaged or abused;
(f) any item with a missing component (for example, instruction manual, cables, software cd/dvd, charger, battery, warranty card, camera strap and any other components supplied by the manufacturer).

13. When a Replacement Product is arranged

13.1 A replacement for the same product ordered will be delivered at our expense after we have received the original faulty, damaged or defective product.
13.2 Subject to availability, the delivery time for the replacement product may be the same as stated for the original product.
13.3 Replacement products are provided with the same warranty as the original product.

14. When a Refund is arranged

14.1 Refunds include delivery and associated costs for the defective product.
14.2 No refund will be processed until we have received the product from you.
14.3 Refunds will only be issued to the same credit card or debit card used for the original purchase.

15. Proof of Purchase for a Warranty Claim

Be sure to keep your tax invoice as proof of purchase in case it is needed for a warranty claim. To request another copy please contact our customer service team via email and include your name and order number.

16. Warranty if an item is replaced

Please contact the manufacturer of your product for more information on their precise warranty terms and conditions.

17. Warranty transfer

Warranty is only valid with proof of purchase on the original goods which will be warranted by the manufacturer as long as it complies with all other terms and conditions. Warranty is NOT transferable.

18. Warranty Claims

18.1 Please contact the manufacturer for ALL warranty claims.
18.2 Warranty is valid within Australia only, however please contact the manufacturer in regards to international warranty.
18.3 For assistance with a warranty claim, please contact our customer service team via email.

20. Hardware & Software – Exclusions and Limitations

Hardware
20.1 We are not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic products.
20.2 In relation to any electronic media product, or any hardware product or computing or electronic part contained within a product, we will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal claim, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with hardware purchased from www.camerahouse.com.au.
20.3 Where an electronic product needs to be returned to us for replacement or a refund, we will in no manner whatsoever be responsible for any data you may leave on the product.

Software

20.4 Recovery and reinstallation of system and application software and user data are not covered under any warranty.
20.5 All software provided with products purchased on our website is subject to the terms and conditions of the license agreement relating to that software and by ordering the product you acknowledge your obligations to abide by such license agreements.
20.6 Further, you acknowledge that we do not warrant any software under these Terms and Conditions for Online Purchase in addition to any rights you may have under statute. All software is warranted in accordance with the license agreement that governs its use.
20.7 All rights, title or interest in respect of the intellectual property rights in the software remain with www.camerahouse.com.au or the licensor of the software at all times.

21. Our Liability

21.1 We shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
21.2 To the extent permitted by law and subject to clause 28 our total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions for online purchase.
21.3 You agree to indemnify us and keep us fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct on your part or that of your employees, agents or sub-contractors or by any breach of your contractual obligations arising out of these Terms and Conditions for online purchase.
21.4 To the extent permitted by law, you agree that we will not be liable for products not being available for use, or for data or software which is lost, corrupted, deleted or altered.
21.5 We shall not be liable to you for any incidental, indirect, special or consequential damages, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of business, loss of contracts, loss of goodwill, loss arising out of business interruption, loss arising out of or in connection with pollution of contamination arising out of or in connection with the purchase, use or performance of products or services, even if we have been advised of their possibility.
21.6 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 shall be subject to correction without any liability on the part of www.camerahouse.com.au

22. Your Personal Information

Please refer to the www.camerahouse.com.au Privacy Policy to see how we collect use and protect your personal information.

23. Credit Card Fraud

23.1 We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

24. Miscellaneous

24.1 You are not permitted to assign any rights and obligations under these Terms and Conditions for online purchase, whether in whole or in part, without our prior written consent.
24.2 Any unauthorised assignment shall be deemed null and void.
24.3 If any provision of these Terms and Conditions for online purchase is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions for online purchase and the remainder of the provisions in question shall not be affected thereby.
24.4 No failure or delay on our part in exercising any power or right under these Terms and Conditions operates a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
24.5 We reserve the right to change the Terms and Conditions for online purchase at any time.
24.6 No www.croydonringwoodcamerahouse.com.au employee or agent has the authority to vary the contract governing any sale.
24.7 The contract cannot be changed unless agreed to in writing or by e-mail.
24.8 These Terms and Conditions for online purchase shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.

25. Force Majeure

We shall not be liable for any delay in performing any of obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of www.camerahouse.com.au and we shall be entitled to a reasonable extension of time for the performance of such obligations.

26. Promotional/Discount/Coupon Codes

26.1 Where applicable, Promotional/Discount/Coupon Codes (“the discount”) generate a discount from your cart/ shopping basket value or add an incentive. To activate the discount simply enter a valid Code then click the ‘Apply’ button.
26.2 All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion.
26.3 Promotional Codes cannot be used in conjunction with any other offer or discount. If you are unable to use a Promotional Code, please contact our customer service team.

28. Australian Consumer Law

28.1 We make no express warranties under these Terms and Conditions for online purchase. Manufacturers of goods may, from time to time, provide a voluntary warranty directly to you in relation to goods supplied. You must address any issues relating to a manufacturer’s warranty with the manufacturer on the terms of that warranty.
28.2 Pursuant to clause 12, you must notify us if a product is defective. The provisions of this clause 28.2 do not constitute a warranty in relation to the quality or fitness of the goods, or require us to repair or replace goods, or offer a refund in relation to goods, in circumstances other those set out in Australian Consumer Law (to the extent that the Australian Consumer Law applies to the goods).
28.3 The Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law guarantee certain conditions, warranties and undertakings, and give you other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these online Terms and Conditions purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these online Terms and Conditions and in the Australian Consumer Law, we make no warranties or other representations to you under these online Terms and Conditions. Our liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
28.4 Without limiting clause 28.3, where we sell goods to you, and you purchase them as a Consumer, then the Australian Consumer Law provides certain guarantees in relation to the goods. Your rights as a Consumer include those set out in clause 28.5 below.
28.5 Our 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.
28.6 To the extent permitted by statute, our liability, if any, arising from the breach of any implied conditions or warranties, or failure to comply with a statutory guarantee under the Australian Consumer Law, in relation to the supply of goods other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, shall at our option be limited to:

(a) the replacement of the goods or resupply of the goods, or the cost of replacement or resupply of the goods; or
(b) the repair of the goods, or the cost of repair of the goods.

28.7 Subject to clause 21.3, we shall not in any circumstances be liable to you under or in connection with these Terms and Conditions, or in negligence or any other tort or otherwise howsoever, as a result of any act or omission.
28.8 We make no express warranties in relation to the suitability for any purpose of goods or materials supplied to you.
28.9 To the extent permitted by statute, all warranties, conditions and guarantees (whether express, implied or applied, and whether given by the Seller, the manufacturer or a third party) and any obligation to repair or replace any goods are void in respect of any goods which you tamper with or alter.
28.10 For the purposes of this clause, “Australian Consumer Law” means the law as set out in Schedule 2 of the Competition and Consumer Act 2010.