1.User Agreement By visiting and/or using the Venom & www.venomcomputers.com.au website, associated services and functionality (“the website”) you agree to be bound by this user agreement (“agreement”). This agreement is formed between you and Venom Computers (“us”, “our”, “we”). “you”, “user”, “member” and “visitor” means anyone who visits this website.
If you do not agree to any provisions of this agreement, you must not use the website. We reserve the right to make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
2.Registration In order to make purchases and access some features of the website, you will need to be a registered member. You may not use another member’s account without permission. When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
If you choose to place an order using PayPal Express, you agree that an account will be automatically created for you using your PayPal email address, if an account does not already exist. Your PayPal email address, name, address, and phone number will be entered into the newly created account, and you will be emailed your account log in details. The account creation is a requirement for purchasing from Venom, as it is needed to create orders and invoices.
3.Legal Capacity By making an on-line purchase you accept these terms and conditions and acknowledge that you: are over eighteen (18) years of age, and/or are entering into a legal contract with us. Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
4.Supply of Services To You / Termination We aim to provide a positive experience for all users and members. Accordingly, we reserve the right to change (ie alter, remove or add functionality) the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change. We may stop (temporarily or permanently) providing access to the website to you, or to visitors or members generally, at our discretion and without prior notice to you. We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
5.Disclaimer We will provide services with due care and skill but we do not warrant that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the website;
- you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
- personal injury or property damage of any nature resulting from your access to, and use of, the website;
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from our website;
- any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
- the merchantability or fitness for any purpose of any product or service of any linked sites.
We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services. We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address. Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
in the case of services:
- the resupply of our services, or
- the payment of the cost of resupply of our services.
6.Use of Services By You You agree to use the website only for purposes that are permitted by:
- this agreement;
- any applicable law or regulation; and/or
- generally accepted practice or guidelines.
You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us. You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein. You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7.Information On This Website Information about products (ie goods and services) on the website is based on material provided by suppliers and product manufacturers. You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
8.Orders Venom reserves the right to decline any orders made for any reason (or no reason), including but not limited to, incorrect pricing displayed, typographical errors (including wrong specifications listed), concern of possible fraud, location of purchase (e.g. outside of Australia), goods out of stock before the order is placed or goods becoming out of stock after the order is placed but before payment is made and Venom notified of the payment. Venom reserves the right to delay the shipment of stock, marked as unavailable, for an indeterminate length of time, until the ordered goods are in stock, without warrant for refund. It is the customer’s responsibility to contact Venom to enquire about the timeframe until goods will be in stock before ordering. Venom reserves the right to either ship incomplete orders to the customer due to stock availability issues, without prior notice to the customer, with the intent to ship remaining orders once stock is available, or to ship orders whole once all goods are in stock, without prior notice to the customer, at the discretion of Venom staff.
Products displayed on the website do not constitute an offer to sell. It is an invitation to treat only. In the event that we cancel your order, we will provide a full refund of any payment received. You may cancel your order only if we have not started processing it. A cancellation and re-stocking fee of 20% applies. Please contact us through the enquiry form.
9.Price The prices of products, delivery, and other charges shown are in United States dollars and are tax exempt for all customers outside of Australia. www.venomcomputers.com.au is a global site for customers outside of Australia and does not ship to Australia. The end user, you is responsible for the respective taxes in their own country for import duties and or customs duties if applicable. There is $0 0% tax charged by Venom computers Australia or the Australian government on all purchases made from www.venomcomputers.com.au for customer outside of Australia. Prices are current at time of display and are subject to change.
9.1. RRP Pricing stipulated as RRP is the Recommended Resale Price In United State Dollars (USD)(RRP) advised by the respective manufacturer Venom.
10.Payment All payments must be received in full prior to dispatch. If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order.
11. Supply of Products, Shipping & Parcels Policy Agreement Subject to this agreement, we will supply to you the products shown on your order confirmation.
You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met. The customer agrees to pay all related shipping charges. The customer acknowledges and accepts that it is a requirement to provide a Shipping Address known to have at least one person at all times during business hours, or the customer may incur a redelivery fee if no-one is present at the address to sign and accept the delivery. Delivery time can be anywhere from five (5) to twenty-eight (28) working days. The customer acknowledges and accepts that prompt delivery of their order is dependent on the speed in which the customer makes payment, the length of time payment takes to clear (minimum one working day required), and the length of time it takes for the courier to deliver the goods once the order leaves Venom’s premises. Venom is not responsible for any goods once they have left Venom premises. Goods in transit are the responsibility of the courier. Venom will endeavour to provide assistance to customers whose packages have been lost or damaged during transit. Orders shipped by courier are insured. In the case of insured packages, Venom will work with the courier company to process the insurance. The customer accepts that insurance claims are a lengthy process (possibly several weeks) and long delays may occur. The customer accepts that Venom cannot ship a replacement order until the insurance claim is accepted and paid to us by the insurer. Products may, from time to time, be opened for inspection, quality control, country specific modifications, safety recalls, and or is not limited to these mentioned reasons and can be opened for upgrades (such as installing extra RAM) before being shipped out. Courier companies, customs, border security and or other Australian and non-Australian government bodies may open packages to inspect for security reasons. This does not constitute a used or demo product, and is not a valid reason for a request for a replacement or refund. The product is still deemed as new and unused.
12. Risk and Title We retain ownership of goods until payment is received in full. Risk in goods, such as loss or damage, passes to you upon delivery.
13. Change of Mind Returns / Store Credit Your satisfaction is our number one priority. However, please choose carefully as we do not refund or exchange simply because you have changed your mind or the product was not what you expected.
Due to the nature of our automatic streamlined online ordering process, picking, packing and sending orders occur as soon as a payment is made, Orders placed online cannot be cancelled once payment has been made. If you wish to cancel your order after a payment has been made, you will need to receive the order and return it pursuant to the below order cancellation conditions – restocking and cancellation fees apply (20%). Our online process is forever improving to provide our customers with faster deliveries. If you wish to return products in their original packaging within 7 days from date of delivery receipt and in saleable condition with all in box items we will provide you with a store credit for the purchase price less delivery fee.
Unopened items: Where the package or box has not been opened. A restocking fee of 20% or $75 (whichever is lower) will apply.
Open Box Items: Where the package has been opened and or the seal has been broken. A restocking fee of 50% applies. Please contact us via the enquiry form on our website for a Return Authorisation Number as no returns can be accepted without one. We will provide you with a store credit only when we receive the returned product. Return postage is at your expense. Store credits must be used within 12 months of issue. Store credits may only be used to purchase from Venom and are not redeemable for cash.
14. Statutory Conditions and Warranty / Refunds
All Venom customers globally will be protected by the provisions and guidelines in accordance with the Australian governments prescribed consumer laws, regardless of if they are a resident of Australia. Our customers are valuable to us and we treat all of our customers equally regardless of where they reside in the world. This is a guarantee provided by Venom Computers voluntarily. The Australian Consumer Law (“Law”) which forms part of the Competition and Consumer Act 2010 (Cth) implies into consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Australian Consumer Law, a “major” failure, then the remedy will be limited to a refund or a replacement, at your election. In all other cases, a breach of such warranty will give rise to a refund or replacement at our election. As the supplier, we provide the following express warranties subject to the following terms and conditions: We will refund or replace the product as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product. Where a refund or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law require the return of the product to us before refunding or replacing it. Replacement products are subject to the same warranties as the original. You must retain your proof of purchase for any manufacturer warranty claims. Refunds will be issued by cheque, credit card or PayPal at our discretion. In order to obtain these remedies: You must notify us within a reasonable time of supply of the goods. In this context a ‘reasonable time’ is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods. In many cases this will be 7 to 14 days, but in some circumstances may be longer. Please contact us via the enquiry form on our website. Once contacted we will advise you of the best way to return any products. We may not accept products returned without a Return Authorisation Number. Except if and to the extent the Law requires otherwise, replacement of products or refund and reimbursement of freight costs will not be made until the original product is received by us and your claim verified. We aim to process refunds and replacements within 28 days of receipt by us of the original product. We will not refund or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care. Goods that develop a defect after first use may also be covered by manufacturer warranty. The customer acknowledges and accepts that a refund may not be given at all if:
- the customer changes their mind;
- the customer has damaged the product by using it in a way it was not made for;
- the customer does not provide a copy of the receipt.
The customer acknowledges and accepts that in the case of a warranty claim being required, the customer must contact the manufacturer of the product to begin a warranty claim. In the case of a product developing a fault within seven days of purchase or a product is dead-on-arrival (DOA), the customer may contact Venom to process a warranty claim to obtain a Return Authorisation (RA) number. The customer understands that in this case, Venom may replace the product within this seven day period only if the following conditions are met:
- The product is returned in its original condition including all packaging materials, DVDs/CDs, manuals, and hardware.
- The product is returned with a copy of the invoice.
- The manufacturer has provided an RA number to the customer, thereby taking responsibility for accepting a return of a product believed to require a warranty claim.
- Venom has stock available of the exact product model for replacement.
The customer understands that if replacement stock is not available, the customer must wait for a replacement to become available, or wait for the seven day period to expire, then make another warranty claim through the manufacturer (Venom). In the event that a customer cannot physically return to the store of purchase to return a product, the customer must organise shipment of the product to the store of purchase (Venom online store). The customer acknowledges and accepts that costs incurred due to returning a product to Venom are the complete responsibility of the customer. All warranties outside of the first seven days will be completely handled by the manufacturer, Venom. The customer will either return the product to the manufacturer, depending on the type of warranty provided for the product by the manufacturer. The customer must contact the manufacturer to enquire about a product currently in the care of the manufacturer for repair. It is the manufacturer’s responsibility to repair or replace a product deemed by the manufacturer to have a warrantable fault. Any concerns or disagreements between the customer and the manufacturer’s warranty policy are solely between the customer and the manufacturer. The customer acknowledges and accepts that Venom are not responsible for any data whatsoever existing on a product returned for a warranty claim. Charges will apply if data is requested by the customer to be recovered.
15.Venom Warranty Cover Includes:
- Hardware related faults that have occurred during proper usage (Hard Drive, RAM, Optical Drive, CPU, Motherboard, etc that have failed due to manufacturing defects). Faulty hardware will be replaced or repaired at the discretion of the respective warranty provider (Venom). Parts and labour costs are included.
Venom Warranty Cover Excludes:
- All Software related repairs, software support, software replacement or reinstallation, including, but not limited to viruses, spyware, incompatible software, software updates, unstable software, corrupted Windows & other software programs, and software problem troubleshooting.
- Faults due to accidental damage, misuse, abuse, neglect, improper installation/maintenance, modifications, fire, theft, acts of God, power failures, surges or electric shortages, lightning, use outside of the environmental or operating parameters, or use with incompatible third party products.
- Repairs by non-Venom authorised service providers will not be covered and may void the warranty. Warrantied products must always be returned to the place of purchase.
- An item which the manufacturer label or logo, rating label, or serial number have been defaced or removed.
- Preventive maintenance, cosmetic damage, or wear and tear (e.g. scratches, dents, or scratched, faded, or missing keycaps or keyboard cover (if applicable), replacement of missing parts, provision/installation/removal of retrofits or peripherals, replacement or fixes of software, repair or replacement of covers, plastics, or cosmetic parts such as interior or exterior finishes or trim).
- Consumables including, but not limited to toners, batteries, rechargeable batteries, subscription based services.
An inspection fee or repair fee will apply for products booked in under warranty which have non-warrantied faults. For this reason, before an item is booked in for warranty service, the customer must ensure all necessary technical support steps have been followed to ensure the problem is warranty related and must disclose all information regarding the failure of the product, such as whether the fault is a result from misuse, etc. Venom DOES NOT WARRANT THAT OPERATION OF ANY COMPUTER (PRODUCT) WILL BE UNINTERRUPTED OR ERROR FREE. YOU MUST READ AND FOLLOW ALL SETUP AND USAGE INSTRUCTIONS IN THE RESPECTIVE MANUFACTURER’S (Venom) MANUALS. IF YOU FAIL TO DO SO, THIS PRODUCT MAY NOT FUNCTION PROPERLY OR MAY SUFFER OTHER DAMAGE. EVEN IF YOU DO SO, Venom MAKES NO GUARANTEE OR WARRANTY THAT THIS PRODUCT WILL FUNCTION PROPERLY IN ALL CIRCUMSTANCES. YOU AGREE THAT Venom HAVE NO RESPONSIBILITY FOR DAMAGE TO OR LOSS OF ANY BUSINESS, PROFITS, PROGRAMS, DATA, OR REMOVABLE STORAGE MEDIA ARISING OUT OF OR RESULTING FROM THE USE OF OR INABILITY TO USE THIS PRODUCT AND/OR THE PROVIDED/UNPROVIDED WRITTEN MATERIALS, EVEN IF Venom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DEFECT OR DAMAGE. IF YOU DO NOT AGREE TO THIS CONDITION, RETURN THE UNOPENED PRODUCT AND ALL OTHER COMPONENTS OF THIS PRODUCT, IN THEIR ENTIRETY, TO THE PLACE OF PURCHASE AND YOUR MONEY WILL BE REFUNDED.
16.Computer Hardware – Consequential Loss You understand and acknowledge that: Storage media (such as hard drives) can fail without warning and if this occurs, programs, data or other information (“software”) stored on the media may be at risk of corruption or irrecoverably lost. If you purchase storage media from us, whether separately or as a part of a larger electronic or computing product, it is your responsibility to guard against loss or damage to software stored on the media and to implement strategies for the safe keeping of software. We recommend that you regularly back up software stored on the media. In the event that storage media purchased from us becomes faulty, fails or otherwise detrimentally affects software stored on it, we will not be liable for any loss or damage, howsoever arising. If you return media, whether separately or as a part of a larger electronic or computing product, to us for any reason, including replacement or repair, we will not be responsible for any data stored on the media. We make no representation that we will be able to repair any product or make a product exchange without risk to or loss of software.
17.Links To Third-Party Websites The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
18.Intellectual Property We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features. Venom and other related names and logos are registered trademarks of Venom Computers. All information displayed in this website is copyrighted, either by Venom or other copyright owners, and restricted. All content used in this site cannot be used or reproduced without explicit written permission from Venom and other copyright holders. Failure to comply may incur penalties as stated by law.
Other trade marks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party. You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.
19.Transfer and Assignment In the event that we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
20.Indemnity You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
21.Force majeure We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
22.Applicable law This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non exclusive jurisdiction of the courts of the State of Victoria, Australia. If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
23.Security Policy This website is secure using SSL 3.0, is encrypted using a GeoTrust Global certificate, and complies with Payment Card Industry (PCI) standards, ensuring transactions through Venom are safe. Venom does not handle nor store credit card information on this website. Actual processing of credit card payments are handled by banks and or financial institutions and their respective payment gateways. All valid MasterCard and Visa credit cards may be used through the respective payment gateway.
If you have signed up to receive marketing information, you will be sent emails with special promotions and new products from time to time. You will always have the right to unsubscribe or have your information removed from our database. Venom may release customer information when it is believed, in good faith, that such release is reasonably necessary to:
- comply with law or an Australian government court order;
- enforce or apply the terms of any of Venom’s user agreements;
- protect the rights, property, or safety of Venom or others.
By making a purchase through this website, you consent to the collection and use of this information by Venom described within these terms & conditions.
25.Waiver If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us