Terms of Sale
In these terms of conditions, the expressions ("IAV", "we", "us" and "our") are a reference to Integrate AV ABN 69 617 952 008.
These terms of conditions constitute a legally binding contract between the customer, (“you”) and IAV and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from IAV. By placing an order for Goods from IAV you agree to these terms and conditions.
Please read the following terms and conditions carefully before placing your order. The terms and conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
Different terms and conditions will apply to you depending upon whether you are:
- a sole trader, partnership, company, trust, institution (including a school or university) or a government body paying for Goods under an existing credit account with IAV;
- a sole trader, partnership, company, trust, institution (including a school or university) or a government body paying for Goods other than under an existing credit account; or
- an individual acquiring the Goods wholly or predominantly for personal, domestic or household use or consumption.
Please ensure read the information below carefully in order to check which terms and conditions apply to you.
Sole Traders, Companies, Corporations, Schools, Universities or Government Bodies
If you are a Sole Trader, Company, Corporation, Trust, Institution (including Schools and Universities) or Local, State or Federal Government Department, you may be able to apply for a B2B account that will:
- provide you with further discounts (based on sales and order volume);
- allow access to increased features like, quoting, user management and more;
- apply for an IAV Credit Account with terms;
Paying for Goods using an Existing IAV Credit Account
The following terms and conditions are applicable to you if:
- you are a IAV Credit Account holder; and
- you placed your order on any of the IAV Websites; and
- you choose to pay for your order using your IAV Credit Account with the payment method Pay On Account ("POA");
Terms and Conditions that apply to you are 1 to 7 (excluding 7.6), 8 to 10 (excluding 10.2) and 11 to 17
Paying for Goods at time of Order
The following terms and conditions are applicable to you if:
- you placed your order on any of the IAV Websites; and
- you choose to pay or selected one of the following payment methods when you placed your order (Credit Card, PayPal, BPAY, Direct Deposit);
Terms and Conditions that apply to you are 1 to 17.
Individuals Acquiring Goods Wholly or Predominantly for Personal Use
If you are an individual acquiring the Goods wholly or predominantly for personal, domestic or household use or consumption and:
- you placed your order on any of the IAV Websites; and
- you choose to pay or selected one of the following payment methods when you placed your order (Credit Card, PayPal, BPAY, Direct Deposit);
Terms and Conditions that apply to you are 18 to 33.
IAV Websites
Each sector has it's own dedicated website, please refer to the list below for the correct link to your Website:
IAV Website | URL |
---|---|
Retail | https://www.iav.com.au |
Education | https://edu.iav.com.au |
Government | https://gov.iav.com.au |
Commercial | https://commercial.iav.com.au |
Terms and Conditions
1. Definitions
- "account" means an account created by you on the website (this is not the same as a IAV Credit Account that you may have);
- “additional delivery charge” has the meaning given in section 4.4;
- "business" has the meaning given in section 2;
- "consumer" has the meaning given to it in the Australian Consumer Law;
- "consumer goods" means goods of a kind ordinarily acquired for personal, household or domestic use or consumption, as that expression is used in the Australian Consumer Law;
- “consumer guarantee” has the meaning given to it in sections 51 to 64A of the Australian Consumer Law;
- “delivery charge” has the meaning given in section 4.3;
- “installation charges” has the meaning given in section 4.5;
- "order" means an order for goods, placed on the website;
- "password" means any password needed to access your account;
- “title guarantee” means a guarantee pursuant to any of section 51, 52 or 53 of the Australian Consumer Law; and
- "website" means any IAV website defined in the table above;
2. Business Customer
By applying for, or holding a business account on the website you acknowledge that you are a sole trader, partnership, company, trust, institution (including a school or university) or a government body (a “Business”) and are not an individual acquiring the Goods wholly or predominantly for personal, domestic or household use or consumption.
All sole trader, partnership, company or trust accounts must provide us with a registered active ABN at time of registration.
Holding a business account does not necessarily mean you will also hold or have access to a IAV Credit Account (which is a line of credit with IAV with payment terms usually ranging from 7 to 30 days). IAV Credit Accounts must be applied for separately and are accessed on a case by case basis by our Finance team.
3. Your Legal Rights
Your purchase of goods may be subject to certain laws including, without limitation, the Australian Consumer Law. If you are a consumer, the Australian Consumer Law provides you with certain rights that cannot be excluded, including that the goods must be of acceptable quality, reasonably fit for the purpose that we represent they will be fit for and that the goods will correspond with any description. Nothing in these terms and conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
4. Pricing & Taxes
4.1 Prices for goods are as shown on the website.
4.2 We reserve the right to change the prices of goods at any time without notice to you. The price displayed at the time that you place your order will continue to apply to you even if the price changes before your order is accepted by us.
4.3 In addition to the price for the goods, you may also need to pay a delivery charge (if any) (“delivery charge”). Any delivery charge will appear in your shopping cart unless an individual custom quotation is required.
4.4 In addition to the price for the goods and the delivery charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“additional delivery charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the website as having “free delivery”, “free freight” or something similar. If you believe that you might live in such an area, you should contact us for more information.
4.5 In addition to the price for the goods, you may also need to pay installation charges (if any) ("installation charges"). Installation charges may be incurred after your order has been placed and confirmed by us. We would normally provide a quote for installation which you will need to accept prior to the order proceeding. Please refer to the section on installation below.
4.5 We do not currently deliver goods outside of Australia.
4.6 By placing an order you agree to pay the price for the goods, any delivery charge (if any), any installation charges (if any) and any additional delivery charge (if any).
4.7 All prices and delivery charges (if any), installation charges (if any) and additional delivery charges (if any) quoted are in Australian dollars.
4.8 All prices are inclusive of GST unless otherwise stated with "Excl. Tax".
5. Your Account
5.1 Before placing an order your business must have a business account created and approved in the legal name of that business. You must provide an active ABN for your business when creating the account.
5.2 In order for an individual to be able to order on behalf of a business the individual must register his/her details as a representative of the business. This can be completed by the administrator of the business account or by our Customer Service team. Verification would be required for our Customer Service team to complete this task.
5.3 All orders placed are made in the name of the relevant business and not in the name of any individual acting on behalf of the business.
5.4 Please ensure that you enter all information carefully when creating an account. You warrant to us that all information provided by you in relation to your account is complete, true and accurate.
5.5 When you verify your account, you will be prompted to enter a password. You must keep this password confidential and it is not to be disclosed to anyone. Multiple user accounts can be created for a business account.
5.6 You must notify us immediately if you become aware of any actual or potential unauthorised use of a password associated with your account or your account itself.
5.7 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your account information being incomplete or inaccurate; or (ii) any unauthorised use of a password associated with your account or the account itself which takes place before you notify us, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.8 If we suffer any loss, damage, cost or expense as a result of any unauthorised use of a password associated with your account or your account itself which takes place before you notify us then you must pay us the amount of that loss, damage, cost or expense if we ask you to.
5.9 Once your business account is created and active, you can apply for a IAV Credit Account (payment terms can range from 7 to 30 days). Each application is processed on a case by case basis by our Finance team. Decisions usually take around one to two business days.
6. Quotations
6.1 Business customers may request special pricing (quotation) if they feel that the order warrants further discount (sizeable order based on quantity or price).
6.2 To apply for a quotation, add your goods to your shopping cart on the website, and visit the view cart page. You will find the ("Apply for Quotation") link on the right hand side of the page.
6.3 Quotations are automatically forwarded to the appropriate sales representative and are usually processed with one to two business days.
6.4 Results of the quotations are forwarded automatically to the customer and recorded in the customers account area. Business customers can accept or reject the quotation.
6.5 Quotations expire at midnight on the date specified unless otherwise stated.
6.6 For full quotation terms and conditions, please visit our quotation page.
7. Orders
7.1 You can place an order by following the instructions on the website.
7.2 An order submitted by you is an offer by you to purchase the goods for the price plus the delivery charge (if any) as shown at the time of submission of your order and any applicable installation charges (if any) and any additional delivery charge.
7.3 Each order that you place will, if accepted by us, will be a separate and binding agreement between you and us with respect to the supply of the relevant goods, in accordance with these terms and conditions.
7.4 Please ensure that you enter all information carefully when placing an order. You warrant to us that all information provided by you in relation to each order is complete, true and accurate.
7.5 Please check your order carefully (including the quantities ordered) before submitting it as orders may not be able to be changed or cancelled once the order has been accepted by us. If you ask us to cancel or change your order we will use reasonable endeavours to cancel or change the order if it has not already been shipped but makes no representation that it will be able to do this.
7.6 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your order information being incomplete or inaccurate or as a result of being unable to change or cancel your order once it has been accepted by us, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7.7 Where you place separate orders the goods will be delivered separately and a separate delivery charge (and installation charges and additional delivery charge if applicable) will apply to each Order. We cannot consolidate separate Orders into one delivery.
7.8 Where you order more than one item in one order, all goods for which your order is accepted at the same time will be dispatched together where practicable. However, in some cases goods may be dispatched separately, for example: in order to ensure that you receive each of the goods as promptly as possible; where the goods are being dispatched from different locations; or where the goods are of different types (e.g. a mixture of hardware and software).
7.9 The internet can be an unstable, and sometimes insecure. At times the facility to place orders may not be available, your order might not be received, your order may be lost or misdirected, or your order might be delayed.
7.10 You must take your own precautions to ensure that the process which you employ for accessing the website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
7.11 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 7.9 and 7.10 or arising out of or in connection with you accessing the website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7.12 We will process payment (Credit Card / PayPal) for your order immediately upon receiving your order.
7.13 Upon receipt of an order we will email you an order reference number and an invoice for the price for the goods, any delivery charge (if any), any installation charges (if any) and any additional delivery charge (if any). At this point your order has been accepted by us and is subject to stock availability.
7.14 If we are unable to fulfil your order we will send you an email cancelling your order as soon as practicable. In this event, we will refund any payment taken for your order in accordance with Section 13.
7.15 When your goods are dispatched we will send you an email confirming that the goods have been dispatched.
7.16 When we accept an Order it represents an agreement by us to supply the goods to you in accordance with your Order subject to either receiving payment from you or you have available credit (terms) at the time of order and subject to these terms and conditions.
7.17 If you do not have funds available on your IAV Credit Account or your IAV Credit Account is in arrears at the time of placing the order with us, the goods that you have ordered will not be dispatched to you until your payment for the goods has cleared and your account is in order. If your payment cannot be processed, your order will be rejected and we will notify you by email.
7.18 When paying for goods by credit card (Visa, MasterCard or AMEX). The name on the credit card/payment card must match the name on the order. By providing your credit card/payment card you authorise us to deduct the price and the applicable delivery charge(s) from such card.
7.19 We reserve the right to change the payment methods that can be used for orders at any time in its absolute discretion.
7.20 We may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; (c) because your payment card has expired; or (d) because the Order would result in you exceeding the credit limit under your IAV Credit Account (terms). Where this is the case, your Order will be placed on hold and we will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with our requests within the timescale specified, we may cancel your order.
8. Cancellation of Orders
8.1 We reserve the right to cancel, any order at any time before delivery and for whatever reason, including orders that were previously accepted. We may do this for example, but without limitation, where:
- our suppliers are unable to supply goods;
- an event beyond our control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that we are unable to supply the Goods within a reasonable time;
- Goods ordered were subject to an error on the website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
- you ask us to cancel your order in accordance with Section 7.5;
- in the circumstances set out in Section 7.20; or
- you are paying for the goods on your IAV Credit Account and your account is overdue.
8.2 You may cancel your order where we:
- have breached a material term of this agreement;
- are not able to deliver your order within a reasonable time of the estimated delivery time advertised on the website or as set out in these terms and conditions, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; (ii) which was outside of our control including the situations set out in Sections 8.1(b) above;
8.4 Our policy for change of mind returns does not apply to commercial orders or orders placed by a business.
8.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
9. Availability of Stock
9.1 As we are dependent upon its suppliers to provide stock, we cannot always guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. We reserve the right to withdraw or suspend from sale any goods displayed on the website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
9.2 Goods that are shown on the website as (“refurbished stock”) are goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All refurbished stock is in perfect working order and comes with the standard manufacturer’s warranty.
10. Delivery
10.1 Risk in the goods passes to you on the date and time of delivery of the goods to the delivery address provided in your order.
10.2 Title to the goods passes to you on the date and time of delivery of the goods to the delivery address provided in your order.
10.3 We only delivery to addresses within Australia.
10.4 We will not deliver to PO Boxes. Any order placed with an address that we feel is unsuitable or cannot be verified will be cancelled as set out in Section 8.1.
10.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery your goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
10.6 If you require goods that you have ordered to be re-directed to an address which is not the original order address we may charge you a reasonable fee for doing this.
10.7 Any reference to delivery timeframes on the website is be used as a guide only. We cannot be held liable for late deliveries.
11. Installation
11.1 IAV provides installation services at an additional cost unless otherwise stated, example: "This product comes with free installation.".
11.2 Goods on the Website are labeled with our installation recommendation.
11.3 We have three installation recommendations:
- Mandatory - Goods must be installed by us;
- Optional - We highly recommend Goods are installed by us;
- Not Required - These Goods do not require installation;
11.4 We reserve the right to cancel any order where the goods are labelled with the installation as ("Mandatory"), yet you request us not to install the goods.
11.5 Any order placed that requires installation (either Mandatory or Optional), will be placed on hold. We will contact you to arrange either a site visit or photographs that will allow us to provide you with the installation cost.
11.6 There may be additional installation charges for items or an event outside of our control at the time of installation, such as structural concerns or issues, lack of power, storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems.
11.7 Any additional installation charges will be advised to you as soon as practicable,
11.8 You the customer will be liable for any additional installation charges incurred by us.
11.9 All of our installation services are performed by highly trained or skilled IAV installers.
12. Delay in Availability of Goods
12.1 You agree and acknowledge that:
- we do not guarantee the delivery or availability of goods within the timeframes set out in Section 10.7 above or otherwise specified by IAV or any of our team;
- events outside our control may cause delays, or in some circumstances, prevent your Goods from being delivered or installed;
- delays are particularly likely to occur around Christmas and public holidays; and
- if you are paying for the goods on your IAV Credit Account and any payment due to us by you is overdue, then we may (without any liability to you) choose to delay delivery of any Goods that have been ordered by you but not yet delivered to you, despite the fact that we have previously accepted the order for those goods.
- except to the extent expressly set out in these terms and conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither IAV nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
13. Refunds
13.1 Where IAV is obliged to refund your payment pursuant to these terms and conditions, we aim to initiate your refund within 2 business days (Monday – Friday 9am to 5pm Sydney time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
13.2 Where IAV is obliged to refund your payment pursuant to these terms and conditions and you have paid for the relevant Order using your IAV Credit Account, we will credit your IAV Credit Account.
13.3 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
14. Returns/Faulty or Damaged Goods
14.1 You should check your goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible. If you fail to give notice to us of any problem or defect with the Order within 7 days of delivery, the delivery shall be deemed to have been accepted by you.
14.2 Except to the extent otherwise required by law or where the goods are faulty (in which case Sections 14.5-14.7 apply), all returns of goods that have been correctly delivered to you in accordance with an order must be approved in writing by us (Approved Returns). IAV reserves its absolute discretion to accept or reject requests for return of such Goods. Except to the extent otherwise required by law or where the Goods are faulty (in which case Sections 14.5-14.7 apply), bespoke, indent or customer Orders will not be accepted for return under any circumstances. Approved Returns must be freight prepaid by you. We will credit or refund you for Approved Returns only if they are in saleable condition (as reasonably determined by us) upon return and then only upon conditions acceptable to us and at your entire cost and provided the goods are and remain sealed in a manner in which they were delivered and accompanied by documentation showing:
- customer name, address and order date and order number;
- product sku and quantity;
- invoice number; and
- the reason for return and copy of approval issued by us.
Approved Returns are at your risk as to loss or damage until such time as the goods reach our warehouse.
14.3 Our goods usually come with warranties from the manufacturer. Your rights under these warranties are governed by the specific terms of the warranty. We have no liability to you in respect of such warranties.
14.4 Except where you are a consumer, we are not liable for any loss (including special, indirect or consequential loss, loss of profits, loss of business, loss of reputation, loss of goodwill, loss of opportunity arising or loss caused by the negligence of us) suffered or incurred by you in connection with any act or omission of us in relation to an order.
14.5 In respect of goods supplied under these terms and conditions, subject to Section 14.6, if you are a consumer the liability of IAV for loss, however caused (including by the negligence of us), suffered or incurred by you because of a failure to comply with a consumer guarantee is limited to us (at its election):
- replacing the goods or supplying equivalent goods;
- repairing the goods;
- paying the cost of replacing the goods or of acquiring equivalent goods; or
- paying the cost of having the goods repaired.
14.6 Section 14.5 does not apply if it is not fair or reasonable for us to rely on them, if the goods are consumer goods, or in relation to title guarantees.
14.7 When you are entitled to return faulty goods:
- please provide us with your proof of purchase;
- it is a requirement for the fulfilment of refunds, exchanges and warranties that you use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.
You are also encouraged to use the original packaging where possible in order to avoid damage in transit.
14.8 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the goods themselves.
15. Privacy and Cookie Policy
15.1 Our policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy and Cookie Policy which forms part of these terms and conditions.
16. Website Terms of Use
16.1 Your use of the Website is governed by the website Terms of Use which forms part of these terms and conditions.
17. General
17.1 Sections 17.2 and 17.3 shall not apply if you are a consumer.
17.2 These terms and conditions (supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the goods including, but not limited to, those relating to the performance of the goods or the results that ought to be expected from using goods.
17.3 Unless we otherwise agree in writing, these terms and conditions are the only terms which shall apply to Goods supplied pursuant to an order on the website.
17.4 We reserve the right to amend these terms and conditions at any time. Any amendment will take effect from the time that it appears on the website. The terms and conditions which apply at the time that you place your Order are the terms and conditions which will apply to your order.
17.5 You agree that these terms and conditions will in all circumstances prevail over any terms and conditions of purchase of yours (if any) and override any quotes, invoices or other documentation (including, without limitation, any terms and conditions attached or forming part of any purchase order of yours) exchanged between the parties whether or not such documents expressly provide that they override these terms and conditions.
17.6 Each of the rights and remedies available to us as set out in these terms and conditions shall be in addition to, and shall not derogate from, any other rights and remedies available including, without limitation, under contract, in tort, under statute, in equity or for specific performance.
17.7 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or un-enforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
17.8 These terms and conditions are governed by the laws of New South Wales, Australia.
18. Definitions
These definitions apply to sections 19 to 34 of these terms and conditions.
- "account" means an account created by you on the website;
- “additional delivery charge” has the meaning given in Section 20.4;
- “delivery charge” has the meaning given in Section 20.3;
- “installation charges” has the meaning given in Section 26;
- "order" means an order for goods, placed on the website;
- "password" means any password needed to access your account;
- "website" means any IAV website defined in the table above;
19. Your Legal Rights
19.1 By placing an Order you warrant that you are an individual acquiring the goods wholly or predominantly for personal, domestic or household use or consumption.
19.2 Your purchase of goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the goods must be of acceptable quality, reasonably fit for the purpose that IAV represents they will be fit for and that the goods will correspond with any description. Nothing in these terms and conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
20. Pricing & Taxes
20.1 Prices for goods are as shown on the website.
20.2 We reserve the right to change the prices of goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by us.
20.3 In addition to the price for the goods, you may also need to pay a delivery charge (if any) (“delivery charge”). Any delivery charge will appear in your shopping cart unless an individual custom quotation is required.
20.4 In addition to the price for the goods and the delivery charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“additional delivery charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you believe that you might live in such an area, you should contact us for more information.
20.5 In addition to the price for the goods, you may also need to pay installation charges (if any) ("installation charges"). Installation charges may be incurred after your order has been placed and confirmed by us. We would normally provide a quote for installation which you will need to accept prior to the order proceeding. Please refer to the section on Installation below.
20.5 We do not currently deliver goods outside of Australia.
20.6 By placing an order you agree to pay the price for the goods, any delivery charge (if any), any installation changes (if any) and any additional delivery charge (if any).
20.7 All prices and delivery charges (if any), installation charges (if any) and additional delivery charges (if any) quoted are in Australian dollars.
20.8 All prices are inclusive of GST.
21. Your Account
21.1 You may choose to create an account on the website before placing an Order. You do not have to create an account before placing an order. Certain goods may only be available to account holders.
21.2 You may not set up an account for someone else. Your account must be in your individual name and not in the name of any partnership, company, trust, institution (including a school or university) or a government body.
21.3 Please ensure that you enter all information carefully when creating an account. You warrant to us that all information provided by you in relation to your account is complete, true and accurate.
21.4 When you verify your account, you will be prompted to enter a password. You must keep this password confidential and it is not to be disclosed to anyone. Multiple user accounts can be created for a business account.
21.5 You must notify us immediately if you become aware of any actual or potential unauthorised use of a password or account.
21.6 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your account information being incomplete or inaccurate; or (ii) any unauthorised use of your password or account which takes place before you notify us, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
21.7 If we suffer any loss, damage, cost or expense as a result of any unauthorised use of a password associated with your account or the account itself which takes place before you notify us then you must pay us the amount of that loss, damage, cost or expense if we ask you to.
21.8 If we suffer any loss, damage, cost or expense as a result of any unauthorised use of any other password or account to which you have access which occurs as a result of your disclosure of a password to any other person or a negligent act or omission by you in relation to that password, then you must pay us the amount of that loss, damage, cost or expense if we ask you to.
22. Orders
22.1 You can place an order by following the instructions on the website.
22.2 An order submitted by you is an offer by you to purchase the goods for the price plus the delivery charge as shown at the time of submission of your order and any applicable installation charges or additional delivery charge. We may accept or reject your offer in its absolute discretion. In particular, but without limitation, we may reject orders from individuals who are not entitled to use the website by virtue of their status or under a special offer.
22.3 Each order that you place will, if accepted by us, will be a separate and binding agreement between you and us with respect to the supply of the relevant goods, in accordance with these terms and conditions.
22.4 If you place an order for someone else to receive the goods you must obtain their consent before providing us with their personal information and, by placing an order, you confirm to us that you have done this.
22.7 Please ensure that you enter all information carefully when placing an order. You warrant to us that all information provided by you in relation to each order is complete, true and accurate.
22.8 Please check your order carefully (including the quantities ordered) before submitting it as orders may not be able to be changed or cancelled once the Order has been accepted by us. If you ask us to cancel or change your order we will use reasonable endeavours to cancel or change the order if it has not already been shipped but makes no representation that it will be able to do this.
22.9 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your order information being incomplete or inaccurate or as a result of being unable to change or cancel your order once it has been accepted by us, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .
22.10 Where you place separate orders the goods will be delivered separately and a separate delivery charge (and installation charges and additional delivery charge if applicable) will apply to each order. We cannot consolidate separate orders into one delivery.
22.11 Where you order more than one item in one order, all goods for which your order is accepted at the same time will be dispatched together where practicable. However, in some cases goods may be dispatched separately, for example: in order to ensure that you receive each of the goods as promptly as possible; where the goods are being dispatched from different locations; or where the goods are of different types (e.g. a mixture of hardware and software).
22.12 The internet can be an unstable, and sometimes insecure. At times the facility to place orders may not be available, your order might not be received, your order may be lost or misdirected, or your order might be delayed.
22.13 You must take your own precautions to ensure that the process which you employ for accessing the website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
22.14 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Sections 22.12 or 22.13 or arising out of or in connection with you accessing the website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
22.15 We will process payment for your order immediately upon receiving your order.
22.16 Upon receipt of an order we will email you an order reference number and an invoice for the price for the goods, any delivery charge (if any), any installation charges and any additional delivery charge. At this point your order has been accepted by us subject to stock availability.
22.17 If we are unable to fulfil your order it will send you an email cancelling your order as soon as practicable. In this event, we will refund any payment taken for your order in accordance with Section 29.
22.18 When your goods are dispatched we will send you an email confirming that the goods have been dispatched.
22.19 When we accept an Order it represents an agreement by us to supply the goods to you in accordance with your order subject to receiving payment from you and subject to these terms and conditions.
22.20 When paying for goods by credit card (Visa, MasterCard or AMEX). The name on the credit card/payment card must match the name on the order. By providing your credit card/payment card you authorise us to deduct the price and the applicable delivery charge(s) from such card.
22.21 We reserve the right to change the payment methods that can be used for orders at any time in its absolute discretion.
22.22 We may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, your order will be placed on hold and we will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with our requests within the timescale specified, we may cancel your order.
22.23 Goods that you have ordered will not be dispatched to you until your payment for the goods has cleared. If your payment cannot be processed, your order will be rejected and we will notify you by email.
23. Cancellation of Orders
23.1 We reserve the right to cancel, any order at any time before delivery and for whatever reason, including orders that were previously accepted. We may do this for example, but without limitation, where:
- our suppliers are unable to supply goods;
- an event beyond our control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that we are unable to supply the Goods within a reasonable time;
- Goods ordered were subject to an error on the website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
- you ask us to cancel your order in accordance with Section 22.22; or
- in the circumstances set out in Section 22.22;
23.2 You may cancel your order where we:
- have breached a material term of this agreement;
- are not able to deliver your order within a reasonable time of the estimated delivery time advertised on the website or as set out in these terms and conditions, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; (ii) which was outside of our control including the situations set out in Sections 8.1(b) above;
23.4 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
24. Availability of Stock
24.1 As we are dependent upon its suppliers to provide stock, we cannot always guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. We reserve the right to withdraw or suspend from sale any goods displayed on the website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
24.2 Goods that are shown on the website as (“refurbished stock”) are goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All refurbished stock is in perfect working order and comes with the standard manufacturer’s warranty.
25. Delivery
25.1 Risk in the goods passes to you on the date and time of delivery of the goods to the delivery address provided in your order.
25.2 Title to the goods passes to you on the date and time of delivery of the goods to the delivery address provided in your order.
25.3 We only delivery to addresses within Australia.
25.4 We will not deliver to PO Boxes. Any order placed with an address that we feel is unsuitable or cannot be verified will be cancelled as set out in Section 8.1.
25.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery your goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
25.6 If you require goods that you have ordered to be re-directed to an address which is not the original order address we may charge you a reasonable fee for doing this.
25.7 Any reference to delivery timeframes on the website is be used as a guide only. We cannot be held liable for late deliveries.
26. Installation
26.1 IAV provides installation services at an additional cost unless otherwise stated, example: "This product comes with free installation.".
26.2 Goods on the website are labeled with our installation recommendation.
26.3 We have three installation recommendations:
- Mandatory - Goods must be installed by us;
- Optional - We highly recommend Goods are installed by us;
- Not Required - These Goods do not require installation;
26.4 We reserve the right to cancel any order where the goods are labelled with the installation as ("mandatory"), yet you request us not to install the goods.
26.5 Any order placed that requires installation (either mandatory or optional), will be placed on hold. We will contact you to arrange either a site visit or photographs that will allow us to provide you with the installation cost.
26.6 There may be additional installation charges for items or an event outside of our control at the time of installation, such as structural concerns or issues, lack of power, storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems.
26.7 Any additional installation charges will be advised to you as soon as practicable,
26.8 You the customer will be liable for any additional installation charges incurred by us.
26.9 All of our installation services are performed by highly trained or skilled IAV installers.
27. Delay in Availability of Goods
27.1 You agree and acknowledge that:
- we do not guarantee the delivery or availability of goods within the timeframes set out on the website;
- events outside our control may cause delays, or in some circumstances, prevent your Goods from being delivered or installed;
- delays are particularly likely to occur around Christmas and public holidays; and
- except to the extent expressly set out in these terms and conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither IAV nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
28. Refunds
28.1 Where IAV is obliged to refund your payment pursuant to these terms and conditions, we aim to initiate your refund within 2 business days (Monday – Friday 9am to 5pm Sydney time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
28.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
29. Returns/Faulty or Damaged Goods
29.1 You should check your goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.
29.2 If you have a problem with any goods or otherwise wish to return them please refer to our Returns Policy which forms part of these terms and conditions. Please note that, in addition to contacting the manufacturer, you can also contact us.
29.3 When returning goods:
- please provide us with your proof of purchase;
- it is a requirement for the fulfilment of refunds, exchanges and warranties that customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.
Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
29.4 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the goods themselves.
30. More Information - Our Liability to You
30.1 To the full extent permitted at law, we are not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any order, installation or account.
31. Privacy and Cookie Policy
31.1 Our policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy and Cookie Policy which forms part of these terms and conditions.
32. Website Terms of Use
32.1 Your use of the website is governed by the website Terms of Use which forms part of these terms and conditions.
33. General
33.1 We reserve the right to amend these terms and conditions at any time. Any amendment will take effect from the time that it appears on the Website. The terms and conditions which apply at the time that you place your Order are the terms and conditions which will apply to your Order.
33.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or un-enforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
33.3 These terms and conditions are governed by the laws of New South Wales, Australia.
Last Updated: 31 October 2022