TERMS AND CONDITIONS

This website is owned and operated by iVision Pty Ltd (ABN 72 008 056 700) (“We/Us”).

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS AND CONDITIONS

Please read these conditions carefully. By using www.ivx.com.au (“the Website”) (including to buy goods from Us or engaging Us to provide services) you:

(a) agree to be bound by the Website’s terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”); and (b) acknowledge that you have read and understood these Terms and Conditions.

2. YOUR ACCOUNT

1. If you use the Website to buy goods or services from Us, you agree to:

(a) maintain the confidentiality of your user name and password; (b) keep your user name and password safe; and (c) prevent unauthorised access to your account.

2. You must inform Us immediately if you have reason to believe that your user name or password is being, or is likely to be, used in an unauthorised manner.
3. You agree to release and indemnify Us in connection with any use (whether authorised or unauthorised) of your user name or password

3. ORDERING, PRICE AND PAYMENT

1. All orders placed through the Website are subject to confirmation and acceptance by Us.
2. Prices displayed on the Website are subject to change by Us without notice.
3. Prices for goods and services in an order are fixed once your order has been confirmed and accepted. Subsequent price changes, either up or down, will not be applied retroactively to accepted orders.
4. For each online order you must pay:

(a) the applicable price for the relevant goods and services confirmed by Us; (b) delivery and handling fees specified on the Website at that time of purchasing the goods and services.

5. All purchases must be by way of credit card acceptable to Us. You must provide your nominated credit card details during the purchase process described on the Website. We are unable to accept cash on delivery (COD) charges.
6. All reasonable steps are taken to ensure that your order and credit card details provided by you to Us are safe and secure. All personal and credit card information provided by you to Us is encoded using Secure Sockets Layer (SSL) technology for security and authentication.
7. You authorise us to debit the price plus the delivery and handling fees from your nominated credit card.
8. We will not despatch the goods or supply the services until payment is cleared.
9. We reserve the right to terminate your account or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

4. DELIVERY, RISK AND TITLE

1. We will endeavour to deliver the goods ordered to your nominated delivery address in Australia and/or provide the services ordered within the time period specified at the time of placing your order; however, We will not be liable to you or anyone else for any losses suffered or incurred due to delay.
2. Property and risk in the goods transfers to you upon delivery of the goods to your nominated delivery address.
3. We or our agent will deliver the goods and services you have ordered to the address you specify in your order, within the agreed time frame, subject to availability. Where goods or services turn out to be unavailable, we will inform you of this by email.
4. The person who receives the goods at the nominated delivery address or receives the services will be presumed by Us to be authorised to receive them.
5. If your goods or services include items in respect of which the law prescribes the minimum age of purchase, you must be over the age of 18 years (or such other minimum age as is prescribed by the law) to make the purchase. You must also ensure that a person over that age is available to accept delivery. We may refuse to deliver the goods or services if the person receiving them is unable or unwilling to provide evidence of proof of age.
6. If there is no-one at the delivery address or no-one of the appropriate age to receive and pay for the order, we may charge you additional delivery fees.
7. We reserve the right to restrict sales to retail quantities when supplying resellers and distributors.

5. PHOTOS AND INFORMATION ABOUT GOODS

1. We aim to provide accurate descriptions of the goods or services sold on the Website. While we aim to include up to date pictures of all of the goods on the Website, at times however, the picture of the goods may differ from the actual goods.
2. We recommend that you read the labels on the goods carefully before using the goods.

6. RETURN OF GOODS

Faulty, damaged or DOA goods
1. We will use our best endeavours to repair or replace any faulty goods, goods damaged prior to delivery or any goods which are DOA (dead on arrival).
2. Faulty goods, goods damaged prior to delivery or goods which are DOA will be repaired or replaced (at our discretion) or, where repair or replacement is not possible (in our opinion), a full refund will be issued for the value of the damaged, faulty or DOA goods.
3. All damaged, faulty and DOA goods must be returned to us at Level 2, 600 Victoria Street, Richmond VIC 3121 within 14 days of the delivery date, accompanied by written notice with sufficient detail of the claimed damage or fault to enable Us to determine whether to repair or replace the goods.
Return of non-faulty goods
4. We will not accept goods for return if you have changed your mind or because the person for whom you purchased the goods does not want them.
5. We will not accept goods for return if you have misread or misunderstood the product description provided by Us. It is your responsibility to make sufficient inquiries required regarding the capability of the goods to ensure that the goods fit the purpose for which you require them.

7. RESUPPLY OF SERVICES

1. We will render services with due skill and care and any materials supplied in connection with the services will be reasonably fit for the purpose for which We supply them.
2. If We render services that do not meet this standard, then We will resupply the services or, where resupply is not possible (in our opinion), We will provide a full refund for the value of the services.
3. If you are not satisfied with the services, then within 14 days of Us rendering the services you must contact Us and provide Us with sufficient detail of the claimed fault to enable Us to determine whether to resupply the services or provide a full refund for the value of the services.

8. LIMITATION OF LIABILITY

1. To the extent permitted by law, all conditions or warranties expressed by law are excluded and our liability, in negligence or otherwise, is limited (at our option) to:

	(a) in the case of goods, any one or more of the following:
		(i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of repurchasing equivalent goods; (iv) the payment of the cost of having the goods repaired; or
	(b) in the case of services:
		(i) the supply of the service again; or (ii) the payment of the cost of having the services supplied again.

2. We are not liable for any direct or consequential loss. Nothing in these Terms and Conditions is intended to limit or exclude any liability on our part where or to the extent that applicable law prohibits such exclusion or limitation.

9. PRIVACY

Please refer to Our privacy policy which can be found at http://www.ivexpress.com.au/privacy.php

10. COPYRIGHT

1. Copyright in the Website is the property of Us. Material on the Website also comprises copyright material, trade marks and registered trade marks which are the property of Us and third parties.
2. This property may only be used for the purpose of browsing the Website and acquiring goods from the Website.

11. SPECIFIC WARNINGS

1. You must ensure that your access to and use of the Website is not illegal or prohibited by laws which apply to you.
2. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer codes or other forms of interference which may damage your computer system. We take no responsibility for any such damage which arises in connection with your use of the Website.

12. CHANGES TO TERMS AND CONDITIONS

1. Each order is governed by the Terms and Conditions in force at the time you use the Website.
2. Without prior warning, We may add to, delete or amend the terms and conditions which govern the sale. It is your responsibility to read and understand the Terms and Conditions that are in place each time you place an order through the Website.

13. EVENTS BEYOND OUR CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond our reasonable control.

14. GOVERNING LAW AND TERMS

1. All purchases of goods or services and these Terms and Conditions are subject to the laws of Victoria, Australia. You agree that any contract entered into with Us is entered into in Victoria and you submit to the jurisdiction of the Victorian courts.
2. These Terms and Conditions contain all the provisions of the agreement between you and Us.