TERMS & CONDITIONS
Welcome to www.wysedesign.com.au
This page tells you the terms on which you may use our website WYSE DESIGN AUSTRALIA, whether as registered user or guest. Please read carefully before use. By using the site, you accept the terms and agree to obey them. If you don't accept them, please don't use the site.
WHO WE ARE
www.wysedesign.com.au is operated by WYSE DESIGN AUSTRALIA, an business registered in Australia under ABN 62 830 828 730
Some important details about us:
Our registered office is at: 1/40 Chute Street Mordialloc, VIC 3195 Australia
Our trading office is at: 1/40 Chute Street Mordialloc, VIC 3195 Australia
USE OF THE SITE
INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright. You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.
OUR LEGAL RESPONSIBILITY TO YOU
We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following: Any loss to you arising from use of our site, Loss of income, profit, business, data, contracts, goodwill or savings. We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes. We don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity. Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material. You mustn't try to get access to our site or server or any connected database or make any 'attack' on the site. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.
LINKS TO OUR SITE
You are allowed to make a legal link to our website's homepage from your website if the content on your site meets the standards of our acceptable use policy. We can end this permission at any time. You mustn't suggest any endorsement by us or association with us unless we agree in writing.
LINKS FROM OUR SITE
Links from our site to other sites are only for information. We don't accept responsibility for other sites or any loss you suffer from using them. Variation. We change these terms from time to time and you must check them for changes because they are binding on you.
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights, all brand names, names of lines, designs, models of items, that appear on the website or in the domain name, are the exclusive property of WYSE DESIGN AUSTRALIA.
The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it. If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation. If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure. Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties or by LawBite in accordance with their mediation procedure), the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator. All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings. If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them. If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy. Any dispute shall not affect the Parties' ongoing obligations under the Agreement. The Australian courts have the only right to hear claims related to our site, and all disputes are governed by Australian law.
Please email us at firstname.lastname@example.org to contact us about any issues.
TERMS AND CONDITIONS OF SUPPLY
Thank you for reading the terms and conditions of supply. This page tells you the terms on which we supply good. Please read carefully.
REGISTRATION AND ELIGIBILITY
The purchase of products through www.wysedesign.com.au and www.wysedesignaustralia.com is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with the Australian law. In order to make purchases through the site, you will be asked to register or continue as a guest and provide your true personal details. Customers must provide their real name, phone number, e-mail address and other requested information as indicated. When ordering items, you will be required to provide payment details and you must represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided. The site is available only to individuals and others who meet these terms and conditions, who have been issued a valid credit card by a bank, whose applications are acceptable to WYSE DESIGN AUSTRALIA and who have authorised WYSE DESIGN AUSTRALIA to process a charge to their credit card in the amount of the total purchase price for the goods which they purchase.Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. WYSE DESIGN AUSTRALIA reserves the right to restrict or question multiple quantities of an item being shipped to any one customer or postal address. Please note that by making an offer to purchase goods from the site, you expressly authorise WYSE DESIGN AUSTRALIA to perform credit checks and, where WYSE DESIGN AUSTRALIA feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
All orders are subject to acceptance stated above and availability of stock. WYSE DESIGN AUSTRALIA offers products for sale that are custom made from components in stock and available for dispatch from our company. However we may occasionally be waiting for certain components on the site so as to fulfil orders. If you have registered your email address for notification of the arrival of a specific product featured on our website, we will attempt to notify you by email within 48 hours of the product becoming available on the site. Please note that on occasion certain products that are in particularly high demand and components for these may sell out during this period. Prices shown on the site are in AUS $ (Australian Dollars) and are inclusive of 10 per cent GST which is the legal rate in Australia. Please note that for legal reasons we have to state the value of goods in the shipment, which also applies for gifts. The AUS price of a product displayed on the website at the time the order is accepted will be honoured. If you are buying from outside of AUS you will be responsible for any duties levied by the country or authority to which you have specified delivery. Unfortunately WYSE DESIGN AUSTRALIA will not be able to advise on customs and clearance charge as they vary from country to country. You must check with your local customs and excise office to obtain further information. You will also incur carriage costs.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is an acceptance of your order completion and the contract between you and WYSE DESIGN AUSTRALIA will be perfected when we despatch the goods to you. The sale contract is therefore concluded in Melbourne, Australia and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered has components which are out of stock or do not satisfy our quality control standards and is withdrawn, if any pricing errors have been made, or that you do not meet the eligibility criteria set-out above. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing goods from the site whether or not the goods have been sold; removing, screening or editing any materials or content on the site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
PRICE AND PAYMENT OPTIONS
We accept Visa, Master Card, American Express, Visa Debit and Paypal. Payment is debited from your card or account when we process your order. For security reasons WYSE DESIGN AUSTRALIA will only ship to the country where the billing card is registered. If you are interested in other modes of payment (bank transfer) please contact customer services at email@example.com for more information. WYSE DESIGN AUSTRALIA reserves the right to change the price of goods offered on the website at any time and without prior notice. WYSE DESIGN AUSTRALIA cannot be held responsible for pricing, typographical or other errors. WYSE DESIGN AUSTRALIA constantly checks to ensure that all prices shown on the site are accurate. It cannot however guarantee that no errors have occurred. Should an error in the price of an item occur WYSE DESIGN AUSTRALIA will give the client the option of re-confirming the purchase of the item at the correct price or of cancelling the order. If WYSE DESIGN AUSTRALIA is unable to contact the client, the order will be considered cancelled.
TRANSFER OF OWNERSHIP & INSURANCE
WYSE DESIGN AUSTRALIA insures each purchase during the time it is in transit until tracking states that is has been delivered to you.
CHECKING YOUR ORDER
As soon as your order has been dispatched our customer services will contact you with all relevant information such as estimated delivery times and tracking number of the shipment. In case you have any further question, please contact us at firstname.lastname@example.org.
RECEIVING YOUR ORDER
For more information refer to Delivery & Returns section. Faulty goods are being classified as faulty if they have been received damaged, or a manufacturing fault has occurred within six months after purchasing. Please note that damage that has been caused by “wear & tear” is not considered as faulty product. If possible all faulty items will be replaced with the originally purchased item. If this is not possible a full refund will be made. Please contact WYSE DESIGN AUSTRALIA customer services at email@example.com for further information. Before each parcel leaves WYSE DESIGN AUSTRALIA, it is fully checked by customer services. If you receive an item which is damaged please contact us immediately. If you fail to do so within 14 days, we reserve the right to refuse liability to accept the product as damaged in transit.
You have 14 days to return the product from the day you receive your goods. To cancel your order you must inform us in writing. Please contact WYSE DESIGN AUSTRALIA customer services at firstname.lastname@example.org in order to request your RAN (Returns Authorisation Number). You have 7 working days to return the goods back after an RAN has been issued. For more information please refer to Delivery & Returns section.
CANCELLATION AND RETURNS OF PRE-ORDERS
If you would like to cancel a pre-order item, we would require written confirmation within 48 hours of purchase. Cancelling pre-order items after this period or returning pre-order items would mean a 30% deposit is held.
RETURNS AND EXCHANGES OF SALE ORDERS
Please note that all sale and discounted items are final sale and therefore not eligible for exchange or return.
The delivery carrier, services and cost may change from time to time. You can receive more information about the latter in the Delivery & Returns section. We aim to dispatch all orders within 2 business days once WYSE DESIGN AUSTRALIA has sent a written confirmation and acceptance of your order. In the busy time of the year this may take up to 72 hours. Delivery times given by our appointed courier are just an estimate. WYSE DESIGN AUSTRALIA cannot be held responsible in case of delays that have been caused by the postal services.
WYSE DESIGN AUSTRALIA always aims to provide the best customer service. If you wish to make a complaint, please write to email@example.com including your full name, address, order number (if any), telephone and any other relevant information which can help us to assist you. Our procedure of handling complaints aims to be fair, confidential, speedy and informative. As soon as we have received your complaints email, our customer services will be in touch shortly.
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights, all brand names, names of lines, designs, models of items, that appear on the website or in the domain name, are the exclusive property of WYSE DESIGN AUSTRALIA. All intellectual property rights associated with items created in association with the ’custom made’ or ‘bespoke’ options are and will remain the property of WYSE DESIGN AUSTRALIA. Any utilisation, reproduction, even partial of the designs, models, brand names, and names of lines is totally prohibited. You are permitted to use the Content only as expressly authorised by WYSE DESIGN AUSTRALIA. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction.
At our request, you agree fully to defend, indemnify and hold harmless WYSE DESIGN AUSTRALIA immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms and Conditions by you or any other liabilities arising out of your use of this site, or the use by any other persons accessing this site using your internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.
The Terms and Conditions (as amended from time to time) constitutes the entire agreement between you and WYSE DESIGN AUSTRALIA regarding your use of the site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and WYSE DESIGN AUSTRALIA in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this site conflicts with the terms of the Terms and Conditions, the Terms and Conditions shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Terms and Conditions.
These Terms and Conditions have been written in English and are governed by Australian Law. Australian Courts shall adjudicate any dispute.
If you have any questions regarding our website or about any of the terms and conditions, please do not hesitate to contact us at firstname.lastname@example.org call us on +61 (0) 425 7544 40, from Monday to Friday 9:00am - 5:00pm EST, or write a letter to WYSE DESIGN AUSTRALIA, 1/40 Chute St Mordialloc VIC 3195 Australia.