q-data office solutions
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Terms & Conditions - online ordering
Definitions
"User" means the person or entity using the website.
"Owner" means the company that owns the website, Q-Data Office Solutions
"Service Provider" means the company providing the website content management system and hosting services to the Owner for the website.
"Website" means "http://www.qdata.com.au/"
Agreement to be bound by Terms
It is a condition of use of this site that Users agree to these Terms and Conditions.
By registering to use this site Users agree to be bound by these Terms and Conditions.
Identification
The User warrants that they are either the person, or in the case of a corporation, an authorised representative of the corporation, that is named as the User in the registration form. It is a breach of this User agreement and also a misrepresentation with both potential civil and criminal consequences for a person to register as a User that they are not authorised to represent for this purpose.
The Owner reserves the right at any stage to contact a User to confirm both the validity of the account and also the currency and security of the passwords used.
Unavailability
From time to time information that would normally be available through the site (including supplier's catalogs) may not be able to be accessed online because of technical or other problems. The Owner, and the Service Provider expressly excludes liability to any User of this site in respect of the unavailability of content regardless of whether or not this unavailability is caused by the negligence of the Owner or the Service Provider.
Privacy and Storage of your personal information
It is necessary for the Owner to capture information about you in order to provide the services offered through this website. The use of the information and your rights in respect of it is set out in the Privacy Statement on this Website.
Pricing
Whilst all effort is made to keep pricing on this website up to date it is possible at times it may be out of date. As such prices on this website should only be considered as an "invitation to treat" rather than as an offer to provide these products at these prices. Your order and payment of goods will be deemed to be an offer and acceptance only happens when we accept the order. The website automatically sends you an order confirmation email. This email merely acknowledges that we have received your order but does not commit us to supply at the prices contained in the offer. Acceptance of your offer will be communicated manually.
Indemnity
The User agrees to indemnify the Owner and the Service Provider against any claim for loss or damage of any kind by any third party arising out of, or in relation to, the use of the Website by the User.
Copyright
Material on this site is all the copyright of the Owner or the Service Provider and the copying or use of this information is not permitted unless prior written permission is received from the site owner.
Credit Card
Credit Card transactions are processed in Australian Dollars using:
- payment pages which comply with the Industry standard and use TSL 1.0 (SSL 3.0)
- a 128-bit SSL encryption
- secure SSL tunnel to connect to the payment gateway
Terms & Conditions - all sales of product
1. General
The conditions of sale set out below shall apply to all sales by Q-Data Office Choice ("Seller") to each customer ("Buyer"). The Buyer acknowledges that by accepting a quotation from the Company, submitting an order to the Company, submitting an account application form to the Company or accepting a delivery of goods from the Company, the Buyer shall be deemed to have accepted these conditions of sale and agree that they shall apply to the exclusion of all others.
2. Orders and Prices
Any order placed by you in the manner described on this site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation, prior to the goods being dispatched to you.
Q-Data Office Choice may change the prices published on this website at any time without notice. While every effort has been made to ensure the accuracy of prices and information displayed on the Q-Data Office Choice website, Q-Data reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this site, or an error in your order. We may require additional verification or information before accepting an order.
You must pay us goods & services tax (GST) at the prevailing GST rate on any taxable supplies made by us. The Purchase Price includes any GST. Any GST payable by you will be displayed on the checkout page prior to you submitting your Order and will be shown on your invoice. Prices advertised on this site are for Internet orders only. Prices on some items may differ from those listed in the hard copy of Q-Data catalogues etc.
Prices displayed on this site are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice.
Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors on this site, including any such errors in relation to prices.
We only accept orders from within Australia. Within this area, our policies as to delivery and returns apply as set out in these Terms and Conditions.
3. Payment
Account Customers: Credit terms are 15 days after the end of month from invoice date. The Company reserves the right to vary payment terms or withdraw approval of a credit account at any time. No credit shall be extended on overdue accounts, except by prior written agreement with the Seller. Payment can be via cheque, credit card (Visa/Mastercard) over the phone, Direct Deposit.
With a 30-day account we will ship your order with an attached Delivery Docket the same day you call us, and then send the invoice to you by mail/fax/email. To apply for an account please download and forward to us a credit application form.
Non Account Customers: Payments may be made online when placing an order via secure credit card (Visa/Mastercard) or Direct Deposit.
4. Delivery
Q-Data Office Choice offers FREE delivery for all orders over $55 in the local Brisbane area. Orders under $55 will attract a delivery fee of $5.50. Furniture deliveries will be POA.
We offer same-day and overnight delivery in the Brisbane area. Orders placed before 9.00am of in-stock items will be delivered PM that day. Orders placed before 2.00pm of in-stock items will be delivered AM next day.
Non account internet customers:
South East Qld (Brisbane, Sunshine Coast, Gold Coast, Toowoomba)
Orders over $100 - Free
Orders under $100 - $9.90
Interstate and Regional - $14.95 + GST
5. Returns and Refunds
Any goods, which are damage or defective, delivered after their "use by" or "best before" date or which are not otherwise in accordance with the Customer's order, may be returned to Q-Data within 14 Days of delivery, at no cost to the customer. A return authority is required prior to return.
The Customer may otherwise return goods (excluding specially purchased goods, goods specifically tailored for the Customer's requirements, IT consumables, furniture and food products) to Q-Data for a credit (not a refund) or exchange:
- Provided that it is done so within 14 days of delivery and a return authorization number is obtained from Q-Data Office Choice;
- Provided that the goods are in their original packaging, unopened, of a current make and model and otherwise as new and in a saleable condition;
- At the Customer's own expense, or to the Customer's account and
- On the basis that risk in the goods remains with the Customer until the goods are received by Q-Data Office Choice, and that a restocking or return fee may be charged.
Subject to the above conditions, all products and services shall be deemed to have been accepted by the Customer as being in accordance with order unless notification to the contrary is received in writing by Q-Data Office Choice within 14 days of delivery. If the customer wishes to return products after 14 days following delivery, then this will be at the discretion of Q-Data and if Q-Data agrees to provide a credit, a re-stocking fee will be deducted from the credit.
6. Risk and Ownership
The risk in all goods shall pass to a customer on delivery by the Company. Ownership in the goods shall not pass to the customer until all moneys owing by the customer to the Company on any account have been paid. Until property shall pass to the customer the latter shall hold and maintain the goods as bailee of the Company in the packaged and identifiable form in which the goods were delivered to the customer. The customer irrevocably authorizes the Company to enter on any premises occupied by the customer without previous notice to the customer and to re-take possession of the goods if the customer shall;
- Default in payment of any moneys due to the Company or
- Commit an act of insolvency or bankruptcy
7. Title and Risk
- Risk in the goods will pass to you in accordance with clause 7.3 or, if you have ordered Transit Cover, clause 8.3.
- Irrespective of the time when risk in the Goods is to pass, passing of property and title in the Goods will be determined as follows:
- Property and title in the Goods will remain with us until you have made payment in full of the Purchase Price and any other money you owe under the Contract.
- Pending payment in full:
- the relationship between us and you will be fiduciary, and you will hold the Goods as bailee for and on behalf of us;
- you will in all cases retain the Goods upon the premises at your address (within Australia to which the Goods were delivered) in a manner such that they are readily identifiable as our property; and
- you will not in any way deal with, part with possession or dispose of the Goods, or attempt to do any of those things.
- In the event that you default in payment of the Purchase Price or any other money you owe under the Contract or upon the occurrence of any of the events specified in clause 11, we will be entitled to repossess the Goods. For this purpose you authorise us and our employees, representatives or agents to enter upon your premises to repossess the Goods, and grant all reasonable access rights and we are entitled to do all things required to secure possession. If the Goods are at the premises of another person, you will procure for us equivalent authorisation to enter the premises and rights of access so that we can secure possession. Upon repossession of any of the Goods we will be entitled, in our discretion, to resell the Goods to any third party. You will not have any action whatsoever against us, whether for breach of contract or otherwise.
- Without limiting our rights against you for any breach of clause 10.2(b) or any other clause of the Contract, if you sell or otherwise dispose of the Goods, or any other thing in which the Goods have been incorporated, to a third party prior to making payment of the Purchase Price or any other money you owe under the Contract, we will be entitled to so much of the proceeds of such sale as is equivalent to the amount of money owing to us by you.
- In addition to the payment of any other money payable by you to us under the Contract, we shall be entitled to charge for and recover from you on demand all costs, loss or damage incurred by us in exercising any of our rights under clause 10.2, including, but not limited to, the cost of storage, labour, transportation and administration costs at our prevailing commercial rates.
8. Liabilities and Warranties
To the extent permitted by law, Q-Data will not be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever including (but not limited to) loss of use, data, or profits, arising out of or in connection with;
- The use, copying, or display of the contents of this site;
- Goods or services supplied by Q-Data Office Choice under these Terms and Conditions;
- A failure or omission on the part of Q-Data Office Choice to comply with its obligations under these Terms and Conditions
Q-Data Office Choice accepts no liability for the Customer's security breaches, unauthorized use of the Customer's credit account, fraud, forgery or mistaken or unauthorized orders or payments.
Q-Data reserves the right to revoke access to our website at any time.
The Customer's password and access details are strictly confidential information and must not be disclosed to, or used by, any person except for those employees of the Customer with a 'need to know' for the purposes of placing orders with Q-Data. The Customer must release all confidential information to Q-Data on termination of its relationship with Q-Data Office Choice.
9. Applicable Law
These terms and conditions are governed by and will be construed in accordance with the laws of the State or Territory in which the order is placed and the parties agree to submit to the jurisdiction of the courts of that State or Territory.
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