Terms of service
OVERVIEW
This website is operated by Detailers Lab Pty Ltd (Detailers Lab). Throughout the site, the terms “we”, “us” and “our” refer to Detailers Lab. Detailers Lab offers this website, including all information, tools, goods and services (products) available from this website to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions, then you may not access or use the website.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this webpage. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this webpage periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our website is hosted on Shopify Inc. They provide us with the online e-commerce platform that enables us to provide the Service and sell our products to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of the Service to you.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse access to the Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various electronic networks; and (b) changes to conform and adapt to technical requirements of connecting electronic networks or devices. Credit card information is always encrypted during transfer over networks.
The content on the website and software supplied to you by us is the property of us, our affiliates or our content suppliers, and is protected by local and international copyright, authors' rights and database right laws. The compilation of all content on the website is the exclusive property of us or our affiliates. You may not systematically extract and/or re-utilise parts of the contents of the website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without our express written consent.
The website and its URL and logo, and other marks indicated on our website are trademarks or registered trademarks of ours or our subsidiaries. Such trademarks may not be used in connection with any good or service that is not ours, in any manner that is likely to cause confusion, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Your account
If you use the website, you are responsible for maintaining the confidentiality of your password and/or account and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should immediately inform us if there is any reason to suspect that your password has compromised, or if the password is being, or is likely to be, used in an unauthorised manner.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Material or information on the website is not advice, is subject to change, and may include technical inaccuracies and typographical errors. We do not warrant the accuracy, completeness, timeliness or adequacy of such material or information. The material and information on the website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, more timely and more adequate sources of information. Any reliance on the material or information on the website is at your own risk.
The website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to the website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Except as set out below in this section 4 regarding prices, we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
The price of any products sold on the website will be as quoted on the website from time to time, except in cases of obvious error. These prices include GST.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.
The website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on the website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
Unless otherwise expressly agreed in writing by us, payment for all products must be by credit card. We accept payment with Visa or MasterCard.
Your credit card account will be charged at the time of your transaction, prior to delivery. All credit/charge card payments are subject to authorisation by the card issuer. If your payment is not authorised, we will cancel your order (and notify you that we have done so) and you must return the products to us (if you have already received them) at your own expense. The products remain our property until you have paid for them.
Risk and title
The products will be at your risk from the time of delivery.
Unless otherwise expressly agreed between the parties, ownership of the physical products (but not to the intellectual property rights in the content of the products) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
SECTION 5 – PRODUCTS
Products are made available for sale online through the website. These products may have limited quantities, and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear on the website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this website is void where prohibited.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
Your order constitutes an offer to us to buy a product and all orders are subject to acceptance by us, so we therefore reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We will confirm such acceptance to you by sending you an e-mail that confirms that the product has been ordered (the "order confirmation"), which will include the product details, price, total amount payable and estimated delivery date.
You agree to provide current, complete and accurate purchase and account information for all purchases made at the website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Availability and delivery
We will use our reasonable endeavours to deliver your product or products within the delivery times set out in the order confirmation or, if no delivery date is specified, then within a reasonable time of the date of the order confirmation, unless there are exceptional circumstances. In some instances, we may accept orders for products that are out of stock, available on demand, available once published on pre-order, or require importation from our affiliates overseas, and these may have longer than normal delivery times. For all orders, we will notify you at the time of order confirmation with its best estimate of delivery times, and will notify you if there is significant change in any estimated delivery dates.
If a product is found to be incorrectly addressed by us then we will be responsible for the re-delivery, replacement or refunding of the product. If you are found to have given an incorrect or insufficient address, then we will not refund or resend the product and all responsibility for correcting the delivery will be borne by you.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the website (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content and products available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party of goods, services, resources, content, should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You agree that to the maximum extent permitted by law and save for the express written terms in these Terms, all other express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Service and any products sold are expressly excluded.
If any of the exclusions or limitations set out in the previous paragraph are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, in relation to goods to (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of the goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired and in relation to services, (i) supplying the services again or (ii) paying the cost of having the services supplied again.
Further, to the maximum extent permitted by law, our liability for losses you suffer whether in contract, tort, breach of statutory duty or otherwise, arising under or in connection with any use of the Service or purchase of any products, is strictly limited to the purchase price of the product you purchased. Any such loss you claim, up to the purchase price of the product, must be a foreseeable consequence of us breaching these Terms. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us as a probable result of the breach.
We are not responsible for indirect losses (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of our performance or non-performance of these Terms, such indirect losses including but not limited to: (a) loss of income or revenue (b) loss of business or business interruption (c) loss of profits or contracts (d) loss of anticipated savings (e) loss of data (f) loss of data, or (g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Our products may also come with consumer guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Detailers Lab and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. You agree to this electronic means of communication and you acknowledge that all notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
SECTION 17 – NOTICES
All notices given by you to us must be given to us at the address below. We may give notice to you at either the e-mail or postal address you provide to us when registering on our site or placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. You consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you products shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
Any dispute or claim arising out of or in connection with the Terms shall be subject to the non-exclusive jurisdiction of the courts of Victoria.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@detailerslab.com.au.
Our contact information is posted below:
Detailers Lab Pty Ltd
PO Box 125
Port Melbourne VIC 3207