PART A – GENERAL TERMS AND CONDITIONS
www.crest.com.au (Site) is owned and operated by Olbertz Holdings Pty Ltd (ACN 010 003 933) as trustee (ABN 31 260 452 208) trading as “Crest Electronics” (Crest, we, our, us).
Crest provides the Site as a venue for members of the public to access information and place orders for products that are offered for sale by Crest through the Site (Products) with Crest.
(a) accessing the Site;
(b) using the Site; and/or
(c) placing an order for Products using the Site.
Accounts and passwords
If you create an account for using any of the services or features available on the Site, you are responsible for all use of your username and/or password and must keep your username and/or password for that account confidential.
The Site may provide you with the ability to upload and publish materials including text, images, information, comments and other data (whether via email, comment, post, blog, enquiry or by any other means) to or through the Site (Content). You retain ownership of any Content you upload and publish (Your Content). Other Users retain ownership of any Content they upload and publish (User Content).
Responsibility for Your Content
You acknowledge and agree that:
(a) you create and provide us with Your Content at your own risk;
(b) you are personally responsible and liable for Your Content;
(c) you are not entitled to any payment from us in respect of Your Content or our use of it;
(d) we are not obliged to use, maintain or display Your Content on the Site;
(e) Your Content does not contain any confidential information and may be seen by others; and
(f) we may use Your Content to publicise and promote us and the Site.
Prohibitions on Your Content
Your Content must not include anything which:
(a) you do not have the right to disclose or make available under law or an obligation you have to a third party (such as confidentiality agreements); or
(b) reveals your or another person’s identity or sensitive information, such as names, email addresses, phone numbers or addresses; or
(c) infringes or can possibly infringe rights, including intellectual property rights (such as copyrights and trademarks of others); or
(d) is or can be taken by any others as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral or otherwise offensive or illegal or prohibited by any law.
Our use of Your Content
By submitting Your Content through the Site, you grant us (our successors and our related bodies corporate, partners and their successors) a royalty-free, irrevocable, non-exclusive licence to use, reproduce, modify, distribute, broadcast, sublicense and/or otherwise exploit part or all of Your Content in any medium (including but not limited to the Site), by any means and for any purpose (including commercial purposes), and to authorise others to do so.
You acknowledge and agree that we, our successors, assignees and licensees may do or omit to do anything to Your Content which may infringe your moral rights in Your Content, including editing, altering and reproducing Your Content in any manner or context, in perpetuity throughout the world.
Monitoring, modification and removal of Content
We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with Your Content or User Content including without limitation any comments, opinions or statements submitted, uploaded or otherwise posted on the Site.
We reserve the right, but have no obligation to, amend, supplement, delete or update Our Content (defined below), Your Content or User Content, without notice to you and at our sole discretion. However, if we become aware of any defamatory, misleading, false, offensive or otherwise illegal material (including in Your Content), we may remove such material without notice to you.
Interactions with other Users
You should be careful when communicating with and interacting with other Users of the Site.
You agree to indemnify and hold us harmless in connection with any actions of any other User and any dispute or claim that you may make against any other User, irrespective of that action, dispute or claim relating to the use of the Site.
No illegal use
You must not use the Site in any manner or for any purpose which is illegal or prohibited by any laws.
You acknowledge that all materials displayed on the Site, including without limitation, all text, graphics, advertisements, names, logos, trademarks, applications and software (whether registered or not) (Our Content) are our property or the property of their respective owners (including our licensors and other Users) and are protected by copyright, trademark and other intellectual property laws.
You may use Our Content for your personal, non-commercial purposes, including for the purpose of obtaining information about Products and/or placing an order for Products using this Site. Except where the law expressly permits, you may not otherwise in any form or by any means, use, reproduce, modify, distribute, post, transmit, distribute, publish or create derivative works from, or use for any commercial purpose, any part of Our Content.
To the extent permitted by law, we make no representations or warranties about the accuracy, completeness, security or currency of Our Content or User Content and have no liability to you for your use or reliance on Our Content or User Content.
Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
All rights not expressly granted herein are reserved.
The Site may contain links to third party websites, including social media sites, which in turn may contain hyperlinks to further third party websites (collectively Linked Sites). Access to Linked Sites is provided for convenience only and you are responsible for evaluating whether you want to use a Linked Site.
You acknowledge that:
(a) when accessing and using any Linked Sites, you will be subject to their terms and conditions of use;
(b) we do not control or endorse and we are not responsible for any features, content, Products or other materials on or available from a Linked Site;
(c) we are not a party to your relationship with the owners or operators of a Linked Site;
(d) any rights, claims or actions you may have in respect of a Linked Site may only be brought directly against the owners or operators of the Linked Site; and
(e) we may receive payments and/or commissions from owners or operators of Linked Sites and you will not have any claims, benefits or rights on these payments.
Liability and indemnity
To the extent the law permits, neither we, nor our directors, officers, agents, employees or contractors are liable to you and you indemnify and hold us harmless in respect of any and all claims, loss or damage, however, arising (whether in negligence or otherwise) in connection with:
(b) your use, misuse or reliance on the Site, Our Content or User Content;
(c) Your Content, including its use, misuse or misappropriation;
(d) your use, misuse or reliance on Linked Sites; or
(e) any acts or omissions by you.
We do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Site. Although reasonable precautions have been taken, we do not guarantee that access to the Site will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Site.
Crest will not be liable for any delay in performing any of its obligations if such delay is caused by circumstances beyond its reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
Transfer and Assignment
If Crest merges with, sells to or otherwise changes control of its business or this Site in favour of a third-party, Crest reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Crest has collected from you and any agreements it has made with you in connection with your use of the Site (including the order of any Products using the Site).
The failure by Crest to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Crest.
If you access this Site in a jurisdiction other than Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Crest makes no representations that the content of the Site complies with the laws of any country outside Australia.
PART B - ADDITIONAL TERMS AND CONDITIONS FOR YOUR PURCHASE OF PRODUCTS
Purchase of Products
When you purchase any Products from Crest using the Site, in addition to the terms and conditions specified above, you agree to abide by the following terms and conditions of supply applicable to the sale of Products.
Orders and Acceptance of Orders
You warrant to us that all information you supply to us at the time of placing an order for Products using the Site (Order) and in connection with an order made using the Site is true and correct.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Crest reserves the right at any time after receipt of your order to accept or decline your order. All orders placed must obtain pre-approval with an acceptable method of payment. We may require additional verifications or information before accepting any order.
Crest reserves the right to refuse any order without giving reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. Any received monies for cancelled orders will be refunded using the method received in accordance with these terms and conditions.
We reserve the right to correct any errors which appear on the Site and to reject any orders which have been received in connection with such errors.
Without limiting the generality of the preceding paragraph, in the event a Product is listed at an incorrect price or with incorrect information due to any act, error or omission of Crest, any of its related bodies corporates, officers, employees, agents or contractors or any other person (including, without limitation, any typographical error or error in pricing or Product information), Crest shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price.
Crest’s right to refuse or cancel any orders will apply whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Crest shall immediately issue a credit to your credit card account in the amount of the charge.
Cancelling your Order
If you notify us before the Products have been dispatched for delivery to you, Crest may (in its absolute discretion) accommodate order cancellations.
If Products have been dispatched for delivery to you, Crest reserves the right to refuse any order cancellation. You may then seek to return the products to us in accordance with our Returns and Exchanges Policy (as varied from time to time) which is accessible on the Site. In such circumstances, you will be required to return the product to us at your expense.
Delivery of Products
The delivery times provided by Crest are estimates only. Crest will not be held responsible or accountable for late deliveries or loss or damage to Products relating to late deliveries. In the event that multiple Products are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided. Please ensure you enter the correct delivery address. Crest cannot be held responsible for incorrectly entered delivery addresses.
Change of Address
Crest cannot be held responsible for an incorrect address being entered on your order.
Crest gives you an opportunity to enter the delivery address and then to confirm the delivery address for the Products on the review, billing and shipping pages in the Site.
If you complete your order and then notice that the address details are incorrect, please contact Customer Service immediately. Whilst we may attempt to update any incorrect order details, due to the fast processing of orders at our warehouse or by our vendors, some orders may not be able to be adjusted and Crest will not be responsible for or liable in connection with any incorrect delivery of Products.
Supply and Delivery
(i) where you are located in the Greater Brisbane, Sydney and Melbourne Metropolitan Areas, within 5 business days of the date you placed your Order on the Site; and
(ii) where you are located elsewhere within Australia, within 10 business days.
Crest will use Australia Post or third party delivery contractors to deliver the Products to you and deliveries may be able to be traced using those services. You may access details of the status of the delivery of Products you purchase using the Site, using third party websites maintained by Australia Posts or Crest’s other delivery services. You will need to enter details of the consignment reference which will be given to you by Crest at the time you place your order.
(c) Where Crest becomes aware that Products the subject of your Order are unavailable or will have extended delays for delivery, Crest will contact you and:
(i) (A) you may cancel your Order without charge;
(B) where the extended delay is outside of the reasonable control of Crest, Crest may cancel your Order,
in which case, Crest will arrange for a full refund of any payment made by you to be processed; or
(ii) Crest will contact you and offer you a substitute item for the same or greater value, which may be accepted by you as a substitute for the Product that you have ordered;
(d) The terms of this sub-clause apply where you select to have your Products delivered to a specified address:
(i) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
(ii) On acceptance of your Order by Crest, your Order will be dispatched to your specified delivery address generally within 5 business days of the date you placed your Order.
(iii) If you Order large or bulky Products, Crest will contact you by telephone or email to arrange with you a suitable time for delivery.
(iv) For large or bulky items, you may be required to be available in person to accept delivery of your Order.
(v) If you wish to change the delivery date or delivery address you must contact the Customer Service Team at least 24 hours prior to the dispatch of your Order.
(vi) Crest will use its best endeavours to deliver your Order within any stated timeframes for dispatch. However, Crest does not warrant that any timeframes for delivery will be met, as many factors may affect such timeframes.
(vii) You must advise at the time you place your Order via the Site or later when you discuss delivery with Crest, of any difficulties that may be involved in the delivery. If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location, you may be liable for any extra charges including re-delivery fees or additional delivery fees.
(viii) Crest cannot and will not accept responsibility for delivery failures or delays by Australia Post or any third party delivery contractor.
Acceptance of Products
You are responsible for inspecting the Products to determine whether they are defective or there is a fault in the Product. You must notify us within 5 business days of receiving the Products if the Products are defective or have a fault.
(a) Prices displayed on the Site:
(i) are shown in Australian dollars and include GST, where applicable;
(ii) may not include delivery and handling charges; and
(iii) are subject to change at any time and from time to time.
(b) Certain Products displayed on the Site may be unavailable for purchase from the Site. Those Products may be available at a retail outlet specified on via the ‘store locator’.
(c) Unless otherwise stated, any accessories shown in any image of Products are not included in the price.
(a) You must pay Crest for the Products at the time of placing your order using the Site.
(b) All payments for Products by you must be made via the Ogone verified Visa and Mastercard secure code authentication or PayPal secure payment gateway facilities accessible via the Site.
(c) Without limiting the generality of the foregoing, you agree to comply with any terms and conditions of the providers mentioned in the preceding paragraph (b) or any other payment processors for the Site.
Australian Consumer Law
Under the ACL, consumers have certain rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services.
Crest warrants that all Products ordered pursuant to these Terms and Conditions, will:
(a) be of appropriate quality;
(b) be fit and sufficient for the purpose ordered; and
(c) be free from defect in material and workmanship,
You must give Crest details of any claim (Warranty Claim) that Products ordered from the Site do not comply with the Warranties promptly (and in any event within 30 days of the date you first become aware or should have become aware that the Products are properly the subject of a Warranty Claim). You may submit a Warranty Claim to the Customer Service Department of Crest by telephone or in writing to the following:
Telephone: 1800 812261
Fax: 1800 069 612
Postal address: Attention: Warranty Claims
PO Box 5658
Brendale BC QLD 4500
The Warranties are in lieu of and exclude, to the maximum extent possible by law, all other warranties, express or implied, arising by operation of law or otherwise.
The Warranties do not apply to the extent that the non-conformance is due to (a) normal wear and tear; (b) the Products having been subject to neglect, accident, contamination, damage, misuse or improper installation, removal, maintenance or application by the User; or (c) the User having altered, modified, repaired or attempted to correct a defect in the Products.
To the extent permitted by law and without limiting the User’s rights under the ACL, if Crest:
(i) breaches a Warranty; or
(ii) fails to comply with a statutory guarantee which by law may not be excluded,
then to the extent the law permits Crest to limit its liability, Crest’s liability for any breach of a Warranty shall be limited, at the election of Crest, to providing the User with any one or more of the following remedies:
(iii) replacement of (or payment for the replacement of) the Products;
(iv) supply of (or payment for supply of) an equivalent Product; or
(v) the repair or correction of (or payment for repair or correction of) the Products.
Return and exchange procedure
You may return Products to Crest in accordance with Crest’s Refunds and Exchange Policy (as varied from time to time) which is published on the Site. You must comply with the terms and conditions of that policy in connection with any Products that you return to Crest.
Limitation of Liability
To the extent not prohibited by law, in no event shall Crest be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Products, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Crest has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Crest’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount you have actually paid to Crest for the Products. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
By ordering the Products or becoming a registered User on the Site, you may grant us the right to add your contact details to our database and use those details for marketing purposes.
From time to time, we may contact you about offers and new Products. At any time, you may opt-out of receiving any marketing and/or promotional communications from us by unsubscribing (using a link contained in electronic marketing and promotional materials) or by contacting our Customer Service Department at kEncEmaildvtupnfstfswjdfAdsftu/dpn/bv.