“We,” “us,” and “our” in these terms and conditions relate to Fritts Solar. The following terms and conditions apply to your use of all the information on this website, your access to it, and any purchases you make of our product(s).
If you use the website after any revisions, it will be assumed that you agree to be bound by the terms and conditions as changed. We retain the right to change this Notice at any time. Therefore, we advise you to read these terms and conditions each time you access our website.
2. You commit to always checking that the information you provided during registration is true and accurate, and you update it as necessary when information changes.
3. We give you a password when you register. When you register, you consent to pay the fees for our services as outlined on our website.
4. If you violate these terms and conditions, we retain the right to terminate your registration at any time.
OUR WEBSITE SERVICES:
5. Adults who are over the age of eighteen (18) are eligible for our services. You confirm that you are over 18 years old by continuing to make a purchase on our website.
6. GST is included in all pricing, which are all expressed in Australian dollars (AUD). We make an effort to keep our price list up to date. On our home page, you may find a link to our price list, and we reserve the right to change them at any moment. If our prices change after you’ve placed an order, we retain the right to cancel it.
7. While we make every effort to represent our products on our website as correctly as possible, we make no guarantees as to their accuracy. We retain the right to amend any errors or omissions should we become aware of any misdescription.
8. Images have only been provided for illustrative purposes; we cannot guarantee that they will reproduce in true color or that they accurately represent the full design or range of choices available for a certain product.
9. Only adults who are at least eighteen (18) years old may purchase our products. You confirm that you are over 18 years old by continuing to make a purchase on our website.
10. While we make an effort to keep our product list up to date, we make no guarantees on the availability of any products listed on our website.
11. GST is included in all pricing, which are all expressed in Australian dollars (AUD). On our home page, you may find a link to our price list, and we reserve the right to change them at any moment.
12. Additional fees for packaging and shipping are computed at the time of purchase.
13. When you place a purchase with us, we need your name, delivery address, email, phone number, and credit card information. We promise to handle this information with care, but by giving it to us, you agree that we are not responsible for any misuse that results from a transmission error, a virus, or malware.
14. Within seven days, we promise to approve or reject your order. Your offer is presumed to be rejected if we don’t react to you within seven days. Although we are not compelled to do so, the most likely explanation for rejecting your purchase offer is that we don’t currently have that item in stock.
15. Regardless of whether we have accepted or rejected your offer, once you have submitted an order, you cannot change your mind.
16. Delivery of the product(s) you ordered will take place as described on our website. When we receive payment, you become the owner of the products. Our payment policies are outlined on the order page.
17. When we ship the items, you become solely responsible for any loss or damage to them. We give you the opportunity to purchase carrier insurance at the time of your transaction.
18. We promise to pay you back for any goods that is defective or otherwise damaged when it is delivered to you. You must contact us using our designated “contact us” webpage, where we outline our procedures relating to the return of such goods, if you desire to return a product that is defective or damaged.
19. We also promise to swap any undamaged item you have purchased from us, as long as it is returned within ten days of the original purchase date, unused, and with a copy of your receipt. We will not, however, issue a refund for such a purchase. We do not reimburse any packaging or shipping costs for items returned to us for exchange that are undamaged. The expense and danger of returning undamaged items for exchange are solely your responsibility.
20. If we are unable to replace or exchange returned items at the time of return, we agree to reimburse your credit card for the full amount that was originally deducted for the purchase, including packing and shipping costs.
21. We provide you a restricted license to view and utilize our information for personal use when you visit our website.
22. As long as no copyright symbols, trade names, or other proprietary notices are removed or altered, you are allowed to download a copy of the information on this website to your computer for your personal use only. You violate our intellectual property rights if you utilize our content in any other way.
23. You must obtain our prior written consent before copying, reproducing, republishing, distributing, or displaying any of the content on this website, with the exception of what is permitted by the Copyright Act 1968 (Cth).
24. The right to use data mining robots or other extraction methods is not included in the license to access and use the content on our website. Additionally, without our express written consent, the license does not allow you to mirror or metatag our website. If we discover your metatag or mirroring of our website, we have the right to provide you notice.
25. From time to time, this website may include links to other websites. These links are just given for your convenience, and we disclaim all liability for the operation, upkeep, and privacy policies of any linked websites. Any connection on our website to another website does not mean that we approve of, support, or sponsor the owner of that website, the information they offer, or the items they sell.
26. With our permission, you may link to our website. Any such connecting shall be solely at your own cost and liability. You may not frame or reformat any of our pages, files, photos, text, or other materials, and you may not change any of the contents of our website, including any intellectual property notices.
INTELLECTUAL PROPERTY RIGHTS:
27. We own the copyright to all of the content on this website, including all text, layouts, graphics, and applets, or we have permission to use those items.
28. We either own or have permission to use all trade marks, brands, and logos commonly denoted with the symbols TM or ® and utilized on our website. Your use of our website does not grant you a license to use those trademarks for any commercial purpose without first getting approval in writing from us.
29. Any feedback, ideas, suggestions, or other submissions (collectively, “Comments”) that you make to us via this website become our property. If we use your Comments in the future to promote our website or in any other manner, we won’t be responsible for any resemblance that could result from that use. You also acknowledge that we may use your Comments for any other purpose, whether commercial or noncommercial, without having to pay you or the person who originally submitted them any money.
30. If you send us comments, you agree to take full responsibility for their content, including its originality, legality, and copyright.
31. While we have taken every precaution to ensure the accuracy of the material on our website, we make no representations or guarantees, either express or implied, regarding its title or its merchantability or suitability for a particular purpose.
32. Any condition or warranty that might otherwise be implied into these terms and conditions is excluded, to the extent permitted by law.
33. We also take all necessary precautions to ensure that our website is free of any viruses, worms, Trojan horses, and/or malware, but we disclaim responsibility for any harm to your computer system resulting from using our website or any websites to which we have provided links.
34. Occasionally, we may host content from third parties on our website, such as adverts and product recommendations from other merchants. We are not liable for any errors or omissions in such material; the content of such material is the sole responsibility of its owners.
STATUTORY GUARANTEES AND WARRANTIES TO CONSUMERS:
35. A consumer is defined in Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”).
As a consumer, the C&C Act provides you with statutory assurances since we are a supplier of either goods or services, or both, to you under the C&C Act. Attached to the Standard Terms and Conditions are:-
(i) Schedule 2 of the C&C Act; and
(ii) those statutory guarantees, all of which are provided to you by us if you are a consumer
36. If you are a consumer, as defined by Schedule 2 of the C&C Act, and you purchase our goods or services from us, we guarantee that if they are defective at the time of supply, we will
(i) repair or replace the goods or any defective part of them; or
(ii) provide new services or correct any defective services; or
(iii) fully or partially compensate you if they are defective.
37. In accordance with Schedule 2 Section 103 of the C&C Act, you may be eligible to receive notices from us as a consumer. In light of that:-
(i) We will give you any notification that we are required to give you under Schedule 2 Section 103 of the C&C Act if you are a consumer as defined by Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods.
(ii) If we are a company that repairs goods that can store user-generated data, we hereby notify you that the data may be lost during the repair process.
(iii) If we are a repairer and it is standard procedure for us to supply refurbished goods as an alternative to fixing your damaged goods or to use refurbished parts in the repair, we hereby notify you that the goods you have brought to us for repair may be replaced with refurbished goods of the same type as opposed to being fixed. We also let you know that we might use reconditioned parts to fix your products.
LIMITATION OF LIABILITY:
38. This clause applies to you if you are not a consumer as defined by Schedule 2 of the C&C Act. In the event that you fall under the definition of a consumer as defined by the C&C Act, nothing in this section limits our liability or your rights in any way. If you don’t buy anything:- (i) To the fullest extent permissible by law, the only remedy we will provide for a violation of an implied guarantee or condition is to provide the services once more or to pay the associated costs.
(ii) We assume no responsibility for any losses, including indirect losses, you may incur as a result of our services.
(iii) We disclaim responsibility for any information contained in a user’s post or in any other form of communication that comes from a user rather than from Us.
(iv) We take no part at all in the business that our users conduct with one another.
By using our website, you agree to hold us blameless from any and all claims, actions, damages, costs, and expenses, including attorneys’ fees, resulting from or connected to your use of our website. FORCE MAJEURE:
39. Indemnifying and holding us harmless from all claims, lawsuits, damages, costs and expenses, including attorney fees, arising from or related to your use of our website is a condition of your access to and use of our website.
40. We may terminate this Agreement by giving you at least seven notice if a Force Majeure event that is causing a delay lasts longer than thirty days. “Force Majeure” refers to any action, condition, or failure to act that we were not reasonably able to control.
41. You agree to submit to the jurisdiction of those Courts and agree that these terms and conditions will be governed by and construed in accordance with the laws of Western Australia. Any claim brought by either party against the other that in any way arises out of these terms and conditions will be heard in Western Australia.
42. If any section of these terms and conditions is found to be unlawful under any applicable legislation, such provision shall be limited, narrowed, construed, or changed, but only to the extent necessary to achieve such legality. The invalid clause will, if required, be removed from these terms and conditions, and the remaining clauses will still be in full force and effect.
These terms and conditions have been prepared especially for Fritts Solar and given to them.