GENERAL SALES AND DELIVERY TERMS
INTRODUCTION
- These terms and conditions govern your interactions with Remus Australia including (but not limited to) use of this website; placing an order online/offline by using this website and/or placing any order, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website, nor place any order of goods either online or offline.
- You must be at least 18 years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 18 years of age.]
- This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Remus Australia use of cookies in accordance with the terms of www.remusaustralia.com.au privacy policy/cookies policy.
LICENSE TO USE WEBSITE
- Unless otherwise stated, Remus Australia and/or its licensors own the intellectual property rights in the www.remusaustralia.com.au website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
- You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
- You must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website, or redistribute material from this website except for content specifically and expressly made available for redistribution.
- Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].
ACCEPTABLE USE
- You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Remus Australia’s express written consent.
- You must not use this website to transmit or send unsolicited commercial communications.
- You must not use this website for any purposes related to marketing without Remus Australia's express written consent.
RESTRICTED ACCESS
- Access to certain areas of this website is restricted. Remus Australia reserves the right to restrict access to areas of this website, or indeed this entire website, at Remus Australia discretion.
- If www.remusaustralia.com.au provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
- www.remusaustralia.com.au may disable your user ID and password in Remus Australia's sole discretion without notice or explanation.
USER CONTENT
- In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
- Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Remus Australia or a third party (in each case under any applicable law).
- You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
- Remus Australia reserves the right to edit or remove any material submitted to this website, or stored on Remus Australia’s servers, or hosted or published upon this website.
- Notwithstanding Remus Australia rights under these terms and conditions in relation to user content, Remus Australia does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
NO WARRANTIES
- This website is provided “as is” without any representations or warranties, express or implied. Remus Australia makes no representations or warranties in relation to this website or the information and materials provided on this website.
- Without prejudice to the generality of the foregoing paragraph, Remus Australia does not warrant that:
this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
- Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.
LIMITATIONS OF LIABILITY
- Remus Australia will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
[to the extent that the website is provided free-of-charge, for any direct loss;]
for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
- These limitations of liability apply even if Remus Australia has been expressly advised of the potential loss.
EXCEPTIONS
- Remus Australia will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Remus Australia’s liability in respect of any:
death or personal injury caused by Remus Australia’s negligence;
fraud or fraudulent misrepresentation on the part of Remus Australia or
a matter which it would be illegal or unlawful for Remus Australia to exclude or limit, or to attempt or purport to exclude or limit, its liability.
REASONABLENESS
- By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
- If you do not think they are reasonable, you must not use this website.
OTHER PARTIES
- You accept that, as a limited liability entity, Remus Australia has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Remus Australia's officers or employees in respect of any losses you suffer in connection with the website.
- Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect RemusAustralia's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Remus Australia.
UNENFORCEABLE PROVISIONS
- If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
INDEMNITY
- You hereby indemnify Remus Australia and undertake to keep Remus Australia indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Remus Australia to a third party in settlement of a claim or dispute on the advice of Remus Australia's legal advisers) incurred or suffered by Remus Australia arising out of any breach by you of any provision of these terms and conditions, [or arising out of any claim that you have breached any provision of these terms and conditions].
BREACHES OF THESE TERMS AND CONDITIONS
- Without prejudice to Remus Australia's other rights under these terms and conditions, if you breach these terms and conditions in any way, Remus Australia may take such action as Remus Australia deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
VARIATION
- Remus Australia may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
ASSIGNMENT
- Remus Australia may transfer, sub-contract or otherwise deal with Remus Australia's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
- You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
SEVERABILITY
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
ENTIRE AGREEMENT
- These terms and conditions, together with terms & conditions, constitute the entire agreement between you and Remus Australia in relation to your use of this website and supersede all previous agreements in respect of your use of this website.
LAW AND JURISDICTION
- These terms and conditions will be governed by and construed in accordance with Victorian State law and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of Victoria, Australia.
PRIVACY POLICY
- Remus Australia website is managed in Austria by REMUS EU. We are committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the REMUS AUSTRALIA Web site and governs data collection and usage. By using the REMUS AUSTRALIA website, you consent to the data practices described in this statement.
COLLECTION OF YOUR PERSONAL INFORMATION
- REMUS AUSTRALIA collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. REMUS AUSTRALIA also collects anonymous demographic information, which is not unique to you, such as your postcode, age, gender.
- There is also information about your computer hardware and software that is automatically collected by http://remusaustralia.com.au/ . This information can include: your IP address, browser type, http://remusaustralia.com.au/ , access times and referring Web site addresses. This information is by Design for the operation of the service, to maintain quality of the service, and neral statistics regarding use of the REMUS AUSTRALIA Web site.
USE OF YOUR PERSONAL INFORMATION
- REMUS AUSTRALIA collects and uses your personal information to operate the www.remusaustralia.com.au Web site and deliver the services you have requested. REMUS AUSTRALIA also uses your personally identifiable information to inform you of other products or services available from REMUS AUSTRALIA and its affiliates. REMUS AUSTRALIA may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
- REMUS AUSTRALIA does not sell, rent or lease its customer lists to third parties. REMUS AUSTRALIA may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, REMUS AUSTRALIA may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to http://remusaustralia.com.au/, and they are required to maintain the confidentiality of your information.
- We do not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
- REMUS AUSTRALIA keeps track of the pages our customers visit within http://remusaustralia.com.au/, in order to determine what REMUS AUSTRALIA services are the most popular. This data is used to deliver customised content and advertising within www.remusaustralia.com.au as customer behaviour indicates that they are interested in a particular subject area.
- www.remusaustralia.com.au Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on REMUS AUSTRALIA or the site; (b) protect and defend the rights or property of REMUS AUSTRALIA ; and, (c) act under exigent circumstances to protect the personal safety of users of http://remusaustralia.com.au/, or the public.
USE OF THE REMUS AUSTRALIA WEB SITE
- We use "cookies" to help you personalise your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
- One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize http://remusaustralia.com.au/ pages, or register with http://remusaustralia.com.au/ site or services, a cookie helps http://remusaustralia.com.au/ to recall your specific and subsequent visits. This simplifies the process of personal information, such as billing addresses, shipping addresses, when you return to the web site, the information you previously provided can be retrieved, so you can easily use the http://remusaustralia.com.au/ features that you customised.
- You have to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of http://remusaustralia.com.au/.
SECURITY OF PERSONAL INFORMATION
- REMUS AUSTRALIA secures your personal information from unauthorised access, use or disclosure. REMUS AUSTRALIA secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol (256 bit).
CHANGES TO THIS STATEMENT
- REMUS AUSTRALIA will occasionally update this Statement of Privacy to reflect company and customer feedback and the law. REMUS AUSTRALIA encourages you to periodically review this Statement to be informed of how REMUS AUSTRALIA is protecting your information.
CONTACT INFORMATION
- REMUS AUSTRALIA welcomes your comments regarding this Statement of Privacy. If you believe that REMUS AUSTRALIA has not adhered to this Statement, please contact REMUS AUSTRALIA at sales@exhaustfactory.com.au. We will use commercially reasonable efforts to promptly determine the problem.
CONDITIONS OF USE
- Please Note: All product images are digital and are for illustration purposes only. Colours and shades may, therefore, vary from image/description.
SHIPPING INFORMATION
Shipping, Flat rates to most Australian capital cities.
For regional or remote areas please fill in the contact form for a quotation. All in-stock orders are usually shipped within 3 business days of payment clearance. If you have not received an in-stock order within 10 days, please notify us by email at sales@exhaustfactory.com.au
Due to the large nature of our carton’s couriers are charging heavy surcharges to residential areas ($80). Please nominate an industrial or commercial address for example your installer.
REFUND AND RETURNS
- Your satisfaction is our priority at REMUS AUSTRALIA
- If your item is faulty upon receipt, not fit for purpose or is not as described, we will gladly exchange or refund the item (as per Victorian Consumer Affairs Policy).
-Change of mind on special orders and those freighted internationally, are not refundable. Change of mind/cancelled orders on items in stock locally are assessed on a case-by-case basis and are subject to us receiving notification within 7 days of purchase. Items approved for return/cancellation, if already dispatched, must be returned within 14 days in their original packaging and, (unless they were damaged prior to you receiving them), must still be in an unused and re-saleable condition.
-Approved returns/change of mind/cancelled orders incur a minimum restocking fee of 25%. Additional handling charges may also apply, (especially if an order has been cancelled after international freight costs have been incurred). We do not reimburse freight costs locally/internationally on returns/change of mind/cancelled orders.
***Returns will not be accepted on products that have been fitted/used/altered in any way. Any costs incurred for the return of an item are the purchasers' responsibility.
RETURNS PROCESS
To return an item, please send it to:
Remus Australia
Factory 8, 159 Newlands Road
Coburg North Vic 3058
And also include the following information:
- Your Order number if known (appears on the top of the confirmation email)
- Your name and address
- A description of the item you are returning & reason for return.
- Whether you are requesting a refund, exchange or the item is faulty. If you wish to exchange it for a different item, please include the name and item number of the replacement item.