These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from knowthefundamentals.com.
Please read the following Terms and Conditions carefully before placing Your Order. These Terms and Conditions contain important information about the ordering, processing and delivery of goods, including limitations of liability.
Products You Order on the Website are offered and supplied by KnowTheFundamentals (ABN 41 422 697 558)
These Terms and Conditions constitute a contract between the customer (You) and KnowTheFundamentals.
1. Agreement
1.1
In these Terms and Conditions We, Our or Us means KnowTheFundamentals.com; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
1.2
By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes an agreement between Us and You for the supply of Products.
1.3
The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.
2. Legal Capacity
If you are under the age of eighteen (18) years you cannot place Orders with KnowTheFundamentals. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years.
3. Website Use
3.1
The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
3.2
You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
3.4
You must take Your own precautions to ensure that Your process 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. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
4. Pricing
4.1
Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed, the price of the Product cannot be varied except:
by agreement between You and Us in writing or by email; or
in accordance with clause listed below in this terms and conditions.
4.2
All prices listed on the Website exclude Delivery Costs unless mentioned. Delivery Costs are shown separately on an Order.
5. Product Specifications
5.1
Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed.
6. Orders
6.1
You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).
6.2
Orders will be deemed to have been received by KnowTheFundamentals at the time KnowTheFundamentals sends an Order confirmation to Your nominated e-mail address.
6.3
KnowTheFundamentals is an online business and will primarily communicate with Customers via e-mail. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6.4
KnowTheFundamentals reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).
6.5
In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
6.6
KnowTheFundamentals does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
6.7
KnowTheFundamentals shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of KnowTheFundamentals (or its affiliates), and KnowTheFundamentals shall be entitled to a reasonable extension of time for the performance of such obligations.
6.8
Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
7. Payment
7.1
You may provide Your nominated credit card during the purchase process described on the Website.
7.2
Payment for Orders will be processed immediately upon confirmation of Your Order.
7.3
If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
7.4
Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product’s correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product’s correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.
8. Delivery and ownership of the goods
8.1
We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. KnowTheFundamentals does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8.2
The couriers or postal services nominated by KnowTheFundamentals will deliver Products during local business hours (9am to 5pm, Monday to Friday).
8.3
KnowTheFundamentals is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by KnowTheFundamentals (as notified to the Customer) in relation to date and time of delivery. KnowTheFundamentals shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
8.4
KnowTheFundamentals reserves the right to not ship to remote or rural locations.
9. Faulty or damaged goods
KnowTheFundamentals will replace or refund faulty or damaged Products in accordance with the KnowTheFundamentals Returns and Refund Policy.
10. Intellectual Property
10.1
All intellectual property rights (Intellectual Property) in any content on the Website, including images, pricing, artwork, its visual design, and the arrangement and display of any content on the Website (Material) is owned by, or licensed to, KnowTheFundamentals or the relevant third party product owner.
10.2
Unless expressly authorised under these Terms and Conditions or otherwise in writing, you may not reproduce, adapt, modify, display, extract or distribute any Material or any part of any Material. You also may not use any data mining or data extraction tools, systems or software to extract the Material for any purpose whatsoever or disassemble, reverse engineer or otherwise attempt to discover or access any source code or other information related to the Website.
10.3
If you post any information on our Website, such as a product review, you grant to Us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute that information for any purpose we decide.
11. Privacy
By placing your Order or otherwise contacting KnowTheFundamentals, you agree that: We may store, process, use and disclose data collected from your Order for the purposes of processing and fulfilling your Order; and your data will be handled in accordance with Our Privacy Policy.
12. Miscellaneous
12.1
KnowTheFundamentals reserves the right to make changes to the KnowTheFundamentals Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
12.2
Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.