Terms of Use

Acceptance of terms of use and amendment

The terms “we”, “Skeeters”, “Skeeters online”, “skeetersonline.com.au”, “skeeters.com.au” and “this website” refer to Skeeters Online Warehouse PTY LTD and its staff. The terms “you” and “user” refers to you as the buyer and user of Skeeters Online Warehouse PTY LTD and its content. Each time you use or cause access to this web site, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read our Privacy policy, which is incorporated within these Terms of use by reference.

The site editor's service

This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that skeetersonline.com.au reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Skeetersonline.com.au will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

Your responsibilities and registration obligations

In order to use this web site or certain parts of it, you may be required to register for a user account on this web site; in this case, you agree to provide truthful information when requested, and -- if a minimum age is required for eligibility for a user account -- you undertake that you are at least the required age. By registering for a user account, you explicitly agree to skeetersonline.com.au Terms of use, including any amendments made by skeetersonline.com.au that are published herein.

Registration and password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorised or not authorised by you. You agree to immediately notify skeetersonline.com.au of any unauthorised use of your user account, user name or password. skeetersonline.com.au is not responsible for the loss of your username or password. If you have forgotten your username or password, you can use the provided link to retrieve your information and it will be e-mail to your registered e-mail address.

Payment Methods and processing

Skeetersonline.com.au accepts PayPal, Visa and MasterCard payments only. You will be required to provide full details of your PayPal account for this method to be used. You will be re-directed to PayPal’s website where you will be required to log-in with your linked accounts details. Skeetersonline.com.au is not responsible for the misuse of your PayPal account and its details. Visa and MasterCard payments will require you to provide full ownership details on checkout. Orders placed on an Australian or State public holiday will not be processed until the next business day. This includes payments, processing and shipping. Orders placed on weekends will also receive these delays and your order will be processed the next business day. Business days are Monday to Friday (excluding all Australian public holidays). Payments can be processed outside of trading times but your order will not be processed until skeetersonline.com.au next available trading hours. Our trading hours are 8am to 4.30pm, Monday to Friday (excluding Australian public holidays). Once your payment is confirmed, you will receive a confirmation e-mail. You will also receive a tax invoice and a confirmation once your order has shipped. Skeetersonline.com.au only accepts credit cards issued by banks in Australia.

Your conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that skeetersonline.com.au may expose you to content that may be objectionable or offensive. Skeetersonline.com.au will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using skeetersonline.com.au or any service provided, you explicitly agree that:

(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libellous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b) You will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) You will not collect or harvest any information about other users;

(d) You will not provide, and you will not use skeetersonline.com.au to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorised advertising or commerce; you will not use skeetersonline.com.au to promote or operate any service or content without skeetersonline.com.au prior written consent;

(e) You will not provide any content that may give rise to skeetersonline.com.au being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

Content

Skeetersonline.com.au will do everything possible to make sure our items for sale have the correct information provided. Our images are for illustrational purposes only and our items may differ slightly to what you receive. If models are unavailable at the time of purchase, we will contact you to offer an alternative solution. If you are unhappy with the alternative offered, you are entitled to a full refund which will be processed within 72 hours. If you find that you are unhappy with the item you have received and believe it does not match the description provided on skeetersonline.com.au, please contact us at enquiries@skeeters.com.au and we will do everything possible to resolve your issue as soon as possible. All our prices are listed as including GST. Freight is not included in the price as it is a separate charge within the checkout process. This will be added later before final payment if your purchase is less than $50. When ordering larger quantities of items, please be aware that the required amount of items may not be in stock. We will contact you immediately if this is the case and provide you with options and lead times for backorders. If you are unhappy with the lead times we provide on backorders, you are entitled to a full refund.

Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Skeetersonline.com.au will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

Return Policy

All our items available for sale on skeetersonline.com.au have a minimum of 12 months warranty. If your item fails to function correctly or breaks within the warranty period, your item will be required to be returned to us for assessment. If your item faults within the 30 days of the purchase date, you are entitled to a replacement or refund (whatever you request). After the first 30 days of your warranty period has expired, skeetersonline.com.au will either repair or replace your item. In some cases, your item will require testing or to be returned to the Manufacturer before your claim can be finalised. Skeetersonline.com.au is a 3rd party company and as such, we do not provide our own warranty. All warranties are provided by the manufacturer and are not in our control. If you have an issue with your item and it is under the provided warranty, please contact us at enquiries@skeeters.com.au and we will do everything possible to solve your issue as soon as possible.

If items are returned as faulty and tested by skeetersonline.com.au and found to be functioning correctly, your will be charged the freight cost to send the item back to you. This may be required to be paid for before the item is returned to you.

If you find that you are unhappy with your item and inform us within 14 days of the ordered date, we will do everything we can to resolve your issue. You may be entitle to a store credit or replacement if you meet the following guidelines.

(i) The item is in its original packaging and has not been opened or used.
(ii) The item is undamaged, this includes the packaging and accessories.
(iii) Item was not a promotional item where limited stock was available and reduced to sell.

If you meet these guidelines we will arrange a RA number for you to return the goods. You will be required to pay the freight costs back to us. Items returned due to “change of mind” will incur a 15% restocking fee.

Products that are of personal use including headphones/ earphones cannot be returned under these circumstances due to hygiene concerns unless proven to be faulty. In this case, your item will need to be assessed prior to a replacement or credit being issued. If the packing the item has come in appears to be opened or unsealed, we consider the item used and therefor will be deemed unsafe for resale.

If your return is approved and received, your account will receive a credit. You can use your credit to make other purchases on skeetersonline.com.au. We do not refund money back to your account or credit card. In some circumstances we can make exceptions to this, but only when both parties are at an agreement with the settlement of your account.

Free gifts are not covered by a warranty as they are provided to you at no cost. These gifts are non-returnable and are not covered by our return policy. If stock is still available after the promotion and you do have issues with your gift, we will do our best to provide you with a replacement, but sadly this is not a guarantee.

Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au.

Indemnification

You agree to indemnify and hold harmless skeetersonline.com.au and skeetersonline.com.au representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND SKEETERSONLINE.COM.AU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SKEETERSONLINE.COM.AU MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER SKEETERSONLINE.COM.AU NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT SKEETERSONLINE.COM.AU WILL NOT BE HELD LIABLE IN ANY WAY. SKEETERSONLINE.COM.AU IS NOT RESPONSIBLE FOR THE USE OF AFTERMARKER PRODUCTS PURCHASED FROM THIS WEB SITE AND DAMAGED CAUSED TO YOUR CONNECTED ITEM OR APPLIANCE. SKEETERSONLINE.COM.AU IS NOT LIABLE TO COVER ANY DAMAGES RECEIVED BY OUR PRODUCTS SOLD AND IS NOT LIABLE TO PAY DAMAGES.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKEETERSONLINE.COM.AU WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

Reservation of rights

Skeetersonline.com.au reserves all of the site editor's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this web site, its content, and goods and services that may be provided. The use of skeetersonline.com.au rights and property requires skeetersonline.com.au prior written consent. By making services available to you, skeetersonline.com.au is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without skeetersonline.com.au prior written consent.

Applicable law

You agree that these Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with local laws applicable at the site editor's domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over skeetersonline.com.au domicile, and that any disputes will be heard by the said courts.

Miscellaneous information

(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable;

(ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect;

(iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation;

(iv) Skeetersonline.com.au may assign skeetersonline.com.au rights and obligations under these Terms of use; in this event, skeetersonline.com.au will be relieved of any further obligation.

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