Terms and Conditions

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

  • all of the products on the Site are subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain products in your order;
  • we may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted;
  • prices on our Site are in USD;
  • our liability under these terms is limited to the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss;
  • if you purchase products on a pre-order basis, you are entitled to request a refund of the amount paid prior to the product being shipped, you acknowledge and agree that we will deduct 9.0% from any amount to be refunded, for administration and processing fees we incur to process your refund;
  • in the supply of the goods, if we refer you to a third party provider, we may receive a financial incentive (such as a referral fee) from that provider;
  • we will have no liability for loss of, or damage to, the products, any injury or loss to any person, failure or delay in providing the products or a breach of any law, where such loss was caused or contributed to by any event or circumstance beyond our reasonable control or act or omission of you or your related parties; and
  • we may amend these Terms at any time by publishing updated terms on our Site.

Nothing in these terms limit your rights under the Australian Consumer Law. 

 

1   Introduction

(a) This website (Site) is operated by Tern-x Pty Ltd T/A TernX (ACN 637 198 871) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

2   Use of the Site

(a) You accept these Terms by placing an order via the Site.

(b) You must not use the Site and/or place an order for products through the Site unless you are at least 16 years old.

(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(1) anything that would constitute a breach of an individual’s privacy or any other legal rights;

(2) using the Site to defame, harass, threaten, menace or offend any person;

(3) using the Site for unlawful purposes;

(4) interfering with any user of the Site;

(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

(6) using the Site to send unsolicited electronic messages;

(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(8) facilitating or assisting a third party to do any of the above acts.

3   Accounts

(a) You may purchase products from us without an account or you may choose to create an account with us which allows you to review your order history.

(b) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4   Orders

(a) You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

(b) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.

(c) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.

(d) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.

(e) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

(f) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

5   Estimated delivery date

If an estimated delivery date is provided, this is intended as a goal for when we hope to start shipping and should not be treated as a guarantee. Delays can happen for a number of reasons when something new is being created. We aim to deliver on the estimated date to the best of our abilities.

6   Pre-orders

(a) We may offer our products on a pre-order basis.

(b) If a product is available for pre-order only (i.e. it is not currently in stock), this will be clearly indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.

(c) In order to place a pre-order for a product, you must pay a deposit as set out on the Site (Deposit) or pay in full (Full Payment). You will not receive your pre-order product until you have paid for it in full. If you paid a Deposit and fail to pay the balance by the due date, we reserve the right to cancel your pre-order and the Deposit will not be refunded.

(d) At the time you pay the Deposit, you may elect to pay the remaining for the Product in full. For your pre-order, if you pay upfront in full, you will be eligible to receive any bonus products listed on the Site. We will ship any bonus products you are eligible to receive within a reasonable timeframe following your full payment. Where you request cancellation of your pre-order prior to us shipping your bonus product(s), you forfeit the bonus products and we will not ship these to you.

(e) If you change your mind and request a refund. You acknowledge and agree that the 9.0% to be deducted from any amount to be refunded is a genuine, pre-estimate of the losses we may suffer or incur as a result of your pre-order cancellation (such as the processing fees and administration costs we incur in sourcing materials needed to manufacture your pre-order).

Cancelling Pre-Orders

If you change your mind and wish to cancel your pre-order, then this will be subject to our Change of Mind Return Policy which can be accessed https://ternx.com/pages/return-policy

7   Price and payments

(a) You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause.  Prices displayed on our website (unless stated otherwise) are in American (USD) dollars. We process payments in American (USD) dollars. We accept payment by the various methods listed on the Site. If we display alternative currency, we will indicate what taxes and levies we believe apply to your purchase. You will be liable for payment of any taxes, duties, tariffs, and levies. Currency exchange rate fluctuations can occur. We cannot predict this and cannot be held responsible for such fluctuations.

(b) Prices displayed on the Site are subject to change. If we make a change, it is effective immediately upon us posting the new price on the Site. We may also announce changes via email or our social media pages.

(c) You must pay the Price upfront using one of the methods set out on the Site.

(d) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(e) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(f) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(g) Where you order the products for delivery outside Australia, you may need to pay custom charges, currency charges, credit card charges, bank charges, or taxes in addition to the Price.

(h) We may from time to time issue promotional discount codes for certain products on the Site.

(i) To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

(j) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

8   Delivery, title and risk

(a) If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.

(b) Delivery costs are set out on the Site and are to be paid in addition to the Price.

(c) We normally dispatch products within 2 business days of receiving an order, unless otherwise noted on the Site. Any products that are pre-ordered are, subject to their availability, normally dispatched within 12 weeks of receiving the order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(d) If you need to change the delivery day or delivery address, please notify us immediately in writing.

(e) We deliver the products using a range of delivery methods. You may need to sign for some deliveries.  If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.

(f) Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(g) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

9   Returns

If you change your mind and wish to return your order, then this will be subject to our Change of Mind Return Policy which can be accessed https://ternx.com/pages/return-policy.

This clause does not intend to limit your consumer law rights. You may have rights under the Australian Consumer Law (see below) in addition to this clause (including where products are faulty or otherwise defective).

10   Bundles

(a) When you purchase certain products on our Site, they may include third party products or vouchers (Bundle).

(b) You accept that third party products are subject to additional terms and conditions, such as expiry dates and how they can be used and/or claimed.

11   Third Party Sites:

(a) The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

(b) We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links. 

12   Australian Consumer Law

(a) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms (including any warranty against defects we may offer you at the time we supply the product).

(b) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

(c) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

13   Limitations

(a) You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.

(b) Despite anything to the contrary, to the maximum extent permitted by law:

(1) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and

(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(c) Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

(d) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any: 

(1) loss of, or damage to, the products, or any injury or loss to any person;

(2) failure or delay in providing the products; or

(3) breach of the Terms or any law,

where caused or contributed to by any:

(4) event or circumstance beyond our reasonable control; or

(5) act or omission of you or your related parties.

14   Intellectual property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

(c) You must not, without our prior written consent:

(1) copy, in whole or in part, any of Our Intellectual Property;

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

(d) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(1) you do not assert that you are the owner of Our Intellectual Property;

(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(4) you comply with all other terms of these Terms.

15   General

(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or where applicable, in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(d) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(e) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(f) Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

(g) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

 

For any questions and notices, please contact us at:

Tern-x Pty Ltd T/A TernX (ACN 637 198 871)

Email: hello@tern-x.com

Last update: 10 January 2024