In these Terms, 'us', 'we' and 'our' means The Timekeeper Watches Pty. Ltd.
SECTION 1 – REGISTRATION
You may need to be a registered member to make orders, access our products or access certain features of our website.
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
(a) exercise supervision over the Minor's use of our website and account;
(b) assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
(c) ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
(d) assume liabilities resulting from the Minor's use of our website and their account;
(e) ensure the accuracy and truthfulness of all information submitted by the Minor; and
(f) provide the consents contained in these Terms on behalf of the Minor.
We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.
For promotional purposes, we may display the usernames of the last few orders received. For example, “John Smith just bought…”. When registering and activating your account, we strongly recommend using a username rather than your full name if you do not want others to know what products you have ordered.
SECTION 2 – COLLECTION NOTICE
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products and services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to our store host, Shopify Inc. located in USA.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
SECTION 4 – PROMOTIONS AND COMPETITIONS
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
SECTION 5 – PURCHASES
SECTION 5.1 – BUYING A PRODUCT OR SERVICE (ORDERS)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities, and orders are subject to acceptance and availability.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. The pictures may differ depending on the colour settings on your computer. All pictures should be seen as illustrations only, and do not guarantee correct appearance and characteristics.
All descriptions of products are subjective to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Once you have made your choice and placed your order with us, you will receive an email acknowledging the details of your order including your order reference number. This email is neither an acceptance of your order or a proof of purchase, just a confirmation that we have received the order.
Your contract to purchase the items is not complete until we send you an email notifying you that your order has been dispatched to you. The sale contract is concluded in Victoria, 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 or that the item ordered is out of stock or unavailable. We may also refuse to process, and therefore refuse to accept, a transaction for any reason or refuse service to anyone at any time at our sole discretion.
SECTION 5.2 – PRICING POLICY
Prices for our products are subject to change at any time without notice, at the sole discretion of us. We reserve the right at any time to modify or discontinue the Service (or any part of content therefore) without notice at any time. We shall not be liable to you or to any third-party for any price change of the Service, including additional costs. This includes foreign exchange rates which are fixed by us and may be subject to change without notice.
SECTION 5.3 - PAYMENTS METHODS AND SECURITY
Payment methods accepted: payment can be made by Visa, Visa Electron, MasterCard, American Express, Maestro debit cards and PayPal as well as any other methods which may be clearly advertised on the Site from time to time. There is no extra charge for card payments. When paying by credit/debit card starting conditions apply as soon as the card transaction is approved.
You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
SSL encryption – padlock & https in secure mode
All our check out pages and page which require input of your personal details and payment details are SSL secure. SSL (Secure Sockets Layer) is the standard security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and integral.
SECTION 5.4 – PURCHASING LIMITS
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
SECTION 5.5 – CANCELLATION OF ORDERS
We reserve the right to refuse any order you place with us. We may, in our sole discretion limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
Cancellation after the order has been dispatched is not possible; in cases where the order has been dispatched, the customer is required to receive the order. Cancellation is not valid until the customer has confirmed with us by email and this email has been acknowledged by us. If the goods are lost or damaged when returning the product, the customer is liable.
SECTION 5.6 – RETURNS AND EXCHANGES
These products or services are subject to return or exchange only according to our Return Policy.
If your product is damaged in transport, whether the damage is visible or hidden it must be reported immediately to the carrier within 7 days. It is therefore important that you carefully examine your package when it arrives. Transport damage must also be reported to us, within 21 days of placing the order. Defective products returned to us will be treated as if they were in perfect working order when shipped as all our products are inspected when they are packaged. In the case of faults or defects in the product supplied, the purchaser shall not be entitled to reject the product unless such faults or defects are reported within 21 days of placing the order. As a consumer, you have legal rights in relation to Goods that are faulty as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION
SECTION 6 – LINKED SITES
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
SECTION 7 – INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make one copy of product images for the purpose of viewing the Content for your own personal use.
SECTION 8 – NO COMMERCIAL USE
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
SECTION 9 – UNACCEPTABLE ACTIVITY
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:(a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
SECTION 10 – WARRANTIES AND DISCLAIMERS
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
SECTION 11 – LIABILITY
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
SECTION 12 – JURISDICTION AND GOVERNING LAW
Your use of the website and these Terms are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.