bitbabbler.org ("the Site") is owned and operated by Voicetronix Pty. Ltd. ABN 46 076 711 843, ("the Company"), which is registered in New South Wales, Australia and trading as BitBabbler. The Company's registered business address is Level 6, Suite 606, 74 Pitt St, Sydney, New South Wales 2000.
In these terms and conditions ("Terms"), "us", "we" and "our" refer to the Company, references to "you" or "your" is to you, the purchaser and "goods" or "products" mean the items purchased from the Company.
By placing an order you are being offered to purchase a product on and subject to the following terms and conditions:
All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to events out of our control such as postal delays or force majeure, which we cannot be held responsible for.
In order to enter a contract with the Company you must be over 18 years of age and have the ability to make payment either via: (a) a valid credit card issued by a bank that is acceptable to us; (b) the electronic transfer of funds into our bank account either in Australian (AUD) or United States (USD) currencies;
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit card or bank account that will be used to pay for the purchase of the goods. The purchase price of our products may fluctuate. All prices advertised are subject to such changes.
If your order is accepted we will inform you by email and confirm the identity of the party, the Company, which you have contracted with.
When you place an order, you will be issued with a proforma invoice confirming receipt of your order, your shipping and billing details, and the quoted purchase price. This is only an acknowledgement and will not constitute acceptance of your order.
A contract between us will not be formed until you are issued with a commercial invoice, confirming that the goods which you ordered have been dispatched to you. Only those goods listed in this invoice issued at the time of dispatch will be included in the contract formed.
While we try to ensure that all details, descriptions and prices which appear on the Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
When placing your order, you will be asked to select your preferred method of payment. We accept: (a) credit card (MasterCard or Visa), (b) direct deposit.
All payments using credit cards will be made in Australian dollars (AUD). You may be asked to fill out your card details on our authorization form which must be sent back to us in a secure manner for processing. Your card will be debited upon authorization being received.
With direct deposits, we accept Australian (AUD) and United States (USD) currencies. Depending on your currency selection we will provide you with the appropriate banking details and a reference number that must be included in the payment transaction. Please note that the quoted AUD or USD invoiced amount is the NET amount to be paid and all bank transfer fees including any intermediary bank charges for international money transfers are in excess of the invoiced amount and are to be paid by you.
Where credit terms have been approved, payment is due no later than the date specified in the tax invoice provided to you, without any deductions, withholding, or set off. If you fail to make payment by the due date then without prejudice to any other right or remedy, we shall be entitled to:
If legal action is taken to recover monies due to us, then we reserve the right to charge you an amount to cover all and any costs, including legal, incurred by us.
If you order our goods from outside Australia, you agree to take responsibility for ensuring that the goods can be legally imported into the country of delivery, and you agree to pay any customs, duties, and taxes which may be owed as a result of this. These costs are unknown to us, and not owed to us or levied by us, and will be in addition to the purchase price that we quote to you.
If you order our goods for eventual use within Australia, the invoiced price will be subject to the Goods and Services Tax (GST) according to Australian law, which will be included in the invoices issued.
Goods will be dispatched by the shipping service you select from the options we make available to you when you place your order.
We will endeavour to: (a) dispatch the goods ordered by the next working day after your payment has been processed and funds have been cleared in our bank account, provided that the goods are in stock; (b) meet published delivery estimates.
The quantity of the goods on consignment, as recorded by us on the commercial invoice upon dispatch from our place of business, shall be conclusive evidence of the quantity received by you on delivery.
Claims for error in quantity or condition must be made within 24 hours of receipt of the goods.
We cannot consider claims for shortage that are not reported within that period, as the delivered products shall be deemed by us and the carrier to have been accepted by you, the purchaser, or your authorized agent acting on your behalf.
If any part of your order has been damaged during shipment or is flawed in any way, please inform email@example.com immediately to determine what avenue of remedy we need to pursue.
The rules, obligations, liabilities and risks associated with the delivery of the goods for both the Company, and you, as the purchaser, is defined by Incoterms 2010 and will be indicated on the commercial invoice (CPT if prepaid, CIP if on our standard terms of credit, or EXW if delivery is arranged by you using your own carrier).
Except as set out in the inspection, defects, and non-delivery section above, in no circumstances shall we be liable to compensate you for late or non-delivery.
Ownership of the goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due for the goods ordered.
In the case where goods have been delivered to you, but ownership has not passed to you, you must hold the goods on a fiduciary basis as our bailee and insure the goods against all risks for full replacement value.
Under no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your use of, or inability to use goods purchased from the Company, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise.
With respect to goods purchased from the Company, certain rights and remedies may be available to you under the Australian Competition and Consumer Act 2010 and may not be permitted to be excluded, restricted or modified.
Apart from those that cannot be excluded, we exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted to the purchase price of the relevant goods.
We warrant the product to be free of defects in materials and workmanship for a period of one year from the date of purchase. Within this period, we will, at our sole option, repair or replace any components that fail in normal use. Such repairs or replacement will be made at no charge to you for parts or labour, provided that you shall be responsible for costs of safe transportation to us.
This warranty does not apply to: (a) cosmetic damage, such as scratches, nicks and dents; (b) damage caused by accident, abuse, misuse, water, flood, fire, lightning strike, power surges, or other acts of nature or external causes; (c) damage caused by service or modification performed by anyone other than us.
Warranty or damage in delivery claims must be reported to firstname.lastname@example.org, giving us a full description of the problem, and the serial number of the product or your order confirmation number.
No return of goods will be accepted by us without a Return Authorization Number being assigned.
The defective product must be returned to us together with the Return Authorization Number at your risk and expense. You are responsible for providing proof of delivery of the returned goods. All transportation costs associated with the returned goods, to our facility for repair or replacement and their delivery back to you are your responsibility.