STEINER AUSTRALIA WEBSITE TERMS AND CONDITIONS OF USE AND SALE
The website www.steineraustralia.com.au. (the “Steiner Australia Website”) and the Steiner Australia business are owned and operated by Beretta Australia Pty Ltd ABN 78 090 585 283 trading as Steiner Australia (“Steiner Australia”, “we”, “us” or “our”).
Terms and Conditions
1. Your Acceptance
The following General Terms and Conditions of Use and Sale (“GTC”) applies to any access and/or use of the Steiner Australia Website and a contract is formed between you and Steiner when you submit an order on the Steiner Website.
By using the Steiner Australia Website in any manner, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these GTC, and to abide by and comply with these GTC. In any case, you affirm that you are aged 13 years or over, as the Steiner Australia Website are not intended for children under 13. If you are under 13 years of age, then please do not use the Steiner Australia Website.
All products advertised on the Steiner Australia Website are subject to availability. The advertisement of the products on the Steiner Australia Website does not constitute a legally binding offer but is intended as a non-binding online catalogue.
Any order placed on the Steiner Australia Website is an offer by you to purchase a particular product for the price specified at the time you place your order. You acknowledge by placing an order, you are agreeing to pay for and accept delivery of the product(s) ordered.
You will receive an email from Steiner Australia to confirm receipt of your order (“Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order and does not constitute an acceptance of the offer by us.
Unless otherwise agreed by Steiner Australia or provided by law, no cancellation or changes to orders will be accepted after submission of the order.
Steiner Australia reserves the right to accept or reject your offer at any time. If Steiner Australia rejects your offer, you will be notified and receive a refund of any money paid.
3. Price and Payment Terms
The price payable for any products or services is the price specified on the Steiner Australia Website at the time of placing the order. Prices displayed are subject to change at any time.
All prices are in Australian Dollars and inclusive of GST (if applicable).
International customers will be liable for any custom charges, duties, or tariffs for the destination country. International customers order at their own risk.
Payment methods include credit card, PayPal and Afterpay. Any payment made via Afterpay is subject to Afterpay’s Term of Service at https://www.afterpay.com/en-AU/terms-of-service. Payment methods are subject to change.
Orders will not be despatched until funds have cleared into our account. If your payment cannot be processed, your order will be rejected and you will be notified of this.
The postage and packaging costs are provided on the checkout page of the Steiner Australia Website. Any dates provided by Steiner Australia for delivery of the products are estimates only and will not form part of the contract.
Steiner Australia is not responsible for any delay in delivery of any products cause by, or in any way connected with, any other cause beyond the reasonable control of Steiner Australia (including but not limited to shortfall of supplied, strikes, industrial disputes).
You should inspect the product(s) immediately upon receipt at your nominated delivery address and you must notify Steiner Australia within 7 working days of delivery of any shortfall, damage or incorrect orders.
5. Risk and Title
Risk of loss and title passes to you upon dispatch from our warehouse to the delivery carrier.
6. Warranties and Guarantees
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
For further information, please refer to the Returns Policy at https://steineraustralia.com.au/returns/ and Warranty Returns Policy at https://steineraustralia.com.au/service/steiner-warranty/.
7. Warranty Disclaimers
YOU AGREE THAT YOUR USE OF STEINER AUSTRALIA PRODUCTS AND SERVICES AND THE STEINER AUSTRALIA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STEINER AUSTRALIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE STEINER WEBSITE AND YOUR USE THEREOF OR YOUR USE OF ANY STEINER AUSTRALIA PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, STEINER AUSTRALIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE STEINER AUSTRALIA CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE STEINER AUSTRALIA WEBSITE AND THE STEINER AUSTRALIA PRODUCTS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE STEINER AUSTRALIA WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STEINER AUSTRALIA WEBSITE. STEINER AUSTRALIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STEINER AUSTRALIA WEBSITE AND STEINER AUSTRALIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
STEINER AUSTRALIA DOES NOT WARRANT THAT THE STEINER AUSTRALIA WEBSITE, OR THE SERVERS ON WHICH THE STEINER AUSTRALIA WEBSITE ARE HOSTED, ARE FREE OF SOFTWARE VIRUSES OR DEFECTS. ACCORDINGLY, STEINER AUSTRALIA IS NOT LIABLE FOR ANY LOSS SUFFERED AS A RESULT OF ANY SUCH VIRUSES OR DEFECTS.
8. Your Use of the Steiner Australia Website
A. You may be required to create an account (“User Account”) before you can access certain parts of the Steiner Australia Website, such as purchasing functionality.
You must provide complete and accurate information when creating a User Account. You cannot use another person’s User Account and must immediately notify us of any unauthorised use of your User Account. Steiner Australia reserves the right to co-operate with any legal order, direction or request to disclose the identity or other information.
B. Steiner Australia hereby grants you permission to access and use the Steiner Australia Website as set forth in these GTC, provided that:
i) You agree not to distribute in any medium any part of the Steiner Australia Website, including but not limited to Steiner Australia Content (as defined below), without Steiner Australia’s prior written authorization.
ii) You agree not to access Steiner Australia Content through any technology or means other than the provided functionality of the Steiner Australia Website itself, or other explicitly authorized means Steiner Australia may designate.
iii) You agree not to use the Steiner Australia Website for any commercial use, without the prior written authorization of Steiner Australia. Prohibited commercial uses include (but are not limited to) any of the following actions taken without Steiner Australia’s express approval:
o sale of access to the Steiner Australia Website or related services on another website;
o use of the Steiner Australia Website or related services for the primary purpose of gaining advertising or subscription revenue;
o the sale of advertising, on the Steiner Australia Website or any third-party website, targeted to the content of specific Steiner Australia Content; and
o any use of the Steiner Australia Website or related services that Steiner Australia finds, in its sole discretion, to use Steiner Australia’s resources with the effect of competing with or displacing the market for Steiner Australia or the Steiner Australia Content.
iv) You agree not to use or launch any automated system (including but not limited to “robots,” “spiders,” or “offline readers”), that access the Steiner Australia in a manner that sends more request messages to the Steiner Australia servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from the Steiner Australia Website, for any commercial solicitation purposes.
v) In your use of the Steiner Australia Website, you will otherwise comply with these GTC, and all applicable local, national, and international laws and regulations.
vi) Steiner Australia reserves the right to discontinue any aspect of the Steiner Australia Website at any time without notification.
C. Unless specified otherwise, all content on the Steiner Australia Website, including without limitation:
a. the registered and unregistered trademarks, service marks and logos contained therein (“Steiner Australia Trade Marks”);
b. software, source code, scripts, imagery, graphics, photos, sounds, music, videos, and any other intellectual property;
(collectively, the “Steiner Australia Content”), are owned by or licensed to Steiner Australia, and are subject to copyright and other intellectual property rights under the law. Steiner Australia Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Steiner Australia reserves all rights not expressly granted in and to the Steiner Australia Website and the Steiner Australia Content.
D. You may access Steiner Australia Content solely:
o for your information and personal use; and
o as intended through the normal functionality of the Steiner Australia Website.
E. The Steiner Australia Website is made available “as is”.
F. You may access Steiner Australia Content and other content only as permitted under these GTC.
G. You agree to not engage in the use, copying, or distribution of any of the Steiner Australia Content other than expressly permitted herein, including any use, copying, or distribution of the Steiner Australia Content obtained through the Steiner Australia Website for any commercial purposes.
H. You agree not to circumvent, disable or otherwise interfere with security-related features of the Steiner Australia Website or features that prevent or restrict use or copying of any Steiner Australia Content or enforce limitations on use of the Steiner Australia Website or the Steiner Australia Content therein.
I. You understand and acknowledge that you may be exposed to Steiner Australia Content that may be inaccurate, or for whatever reason objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Steiner Australia with respect thereto, and agree to indemnify and hold Steiner Australia, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Steiner Australia Website.
9. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STEINER AUSTRALIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON THE STEINER AUSTRALIA WEBSITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE STEINER AUSTRALIA WEBSITE OR STEINER AUSTRALIA’S PRODUCTS OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE STEINER AUSTRALIA WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STEINER AUSTRALIA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHERE CONDITIONS, WARRANTIES OR OTHER RIGHTS ARE IMPLIED IN THIS AGREEMENT OR OTHERWISE CONFERRED BY LAW, AND IT IS NOT LAWFUL OR POSSIBLE TO EXCLUDE THEM, THEN THOSE CONDITIONS, WARRANTIES OR OTHER RIGHTS WILL (BUT ONLY TO THE EXTENT REQUIRED BY LAW) APPLY TO THIS AGREEMENT. AT THE OPTION OF STEINER AUSTRALIA, OUR LIABILITY FOR BREACH OF IMPLIED CONDITIONS OR WARRANTIES IS LIMITED, TO THE EXTENT PERMITTED BY LAW TO, IF THE BREACH RELATES TO GOODS, (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 ACQUIRING EQUIVALENT GOODS, OR (IV) THE PAYMENT OF HAVING THE GOODS REPAIRED AND, IF THE BREACH RELATES TO SERVICES, (I) THE SUPPLY OF THE SERVICES AGAIN; OR (II) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. FOR CLARITY, NOTHING IN THESE TERMS PURPORTS TO LIMIT THE APPLICATION OF ANY STATUTORY CONSUMER WARRANTIES OR RIGHTS.
To the extent permitted by law, you agree to defend, indemnify and hold harmless Steiner Australia, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Steiner Australia Website and the Steiner Australia products and services; or (ii) your violation of any term of these GTC. This defence and indemnification obligation will survive these GTC and your use of the Steiner Australia Website.