Terms & Conditions

introduction

These Terms and Conditions together with the documents referred to within the Terms and Conditions govern the supply of any Product ordered by you on the Website. By ordering a Product, you agree to be legally bound by these Terms and Conditions.

Access and Use of the Site

  1. You must only use the Website in accordance with these Terms and Conditions and any applicable law.
  2. You must not (or attempt to):
    1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Website or the servers or networks that host the Website;
    2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Website; or
    3. interfere (or attempt to interfere) with security-related or other features of the Website.
  3. You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
  4. You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).
  5. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

Information on this Website

  1. The Website and the content on the Website are subject to copyright, trade marks and other intellectual property rights. These rights are owned by or licensed to Suncom.
  2. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website, including audio and video excerpts, except as permitted by statute or with our prior written consent.
  3. Information about goods on the Website is based on material provided by third party merchants, suppliers and Product manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
  4. Due to photographic and screen limitations associated with the representation of Products, some actual Products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of Products are created or chosen by us for promotional purposes, and may not be an exact representation of the Products received.

Registration, Order and Cancellation

  1. When making an order, you must possess a valid credit or debit card and register for an account on the Website. To place an order, you should follow the given instructions.
  2. Irrespective of any previous price you have seen or heard, once you select a Product that you wish to order, you will then be shown or told (on the Website) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Website, all charges are in the currency then in force in Australia.
  3. You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
  4. When you submit an order to the Website, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your order.
  5. Your order remains valid as an offer until we issue our Acknowledgement of your order. We shall not be obliged to supply the Product to you until we have accepted your order. We will send you an Acknowledgement with your order reference number and details of the Product you have ordered. Suncom reserves the right to decline any order, for any reason (e.g., unavailability of supplies, unusually high freight charges). In this case, we will promptly grant you a store credit or a full refund.
  6. Suncom works closely with its suppliers to ensure that prices shown on the Website are accurate. In the unlikely event that the price of your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
  7. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. We will notify you if we are unable to If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.

Warranty claims

  1. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
  2. The Australian Consumer Law (“Law”) which forms part of the Competition and Consumer Act 2010 (Cth) is relevant with certain statutory conditions and warranties in our consumer contracts, 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 Products, and the breach is in terms of the Law, a “major” failure, then the remedy will be limited to a refund or a replacement of your preference. In all other cases, a breach of such warranty will give rise to a refund or replacement at our preference.
  3. We provide the following express warranties subject to the following terms and conditions:
    1. We will refund, give store credit or replace the Product as the case may be in the circumstances and to the extent required under the Law if the Product you receive
      1. does not match the description on the website except for slight variations in colour due to the screen settings of your computer or mobile device;
      2. is substantially unfit for its intended or disclosed purpose;
      3. is not of acceptable quality (as defined in the Law);
      4. is unsafe; or
      5. if the alleged issue with the Product is such that a reasonable consumer aware of the issue would not have acquired the Product.
    2. Where a refund, a store credit 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. We will pay for, or reimburse you for, any shipping costs to return the original Product to us.
    3. Replacement products are subject to the same warranties as the original.
    4. You must retain your proof of purchase for any manufacturer warranty claims.
    5. Refunds will be made back to the payment option you chose with your original order. This can only be processed back onto the same card that original payment was taken from.
    6. In order to obtain these remedies, you must
      • notify us within a reasonable time from 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 most cases, this will be 7 to 14 days, but in some circumstances may be longer. Please contact us our Customer Care Team via the Help Center.
      • Except if and to the extent the Law requires otherwise, return the original Product to us.
    2. We aim to process refunds and replacements within 30 days of receipt by us of the original Product.
    3. We will not refund or replace a Product where in our reasonable opinion the Product has following the 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. In case of return being rejected, you will pay for the return freight costs and any inspection costs reasonably incurred.
    4. 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:
      • 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
      • The payment of the cost of having the goods repaired

Credit card fraud, protection and prevention

  1. When you place an order on Suncom, using one of the payment methods we offer on the Website, you may be sent an email from our Fraud Team requesting further information to confirm the identity of the card holder, such as a copy of your credit card and driver licence. This is to ensure a safe and reliable shopping experience and to protect you against fraud.
  2. When Suncom requests further information to confirm the identity of the cardholder, your order will be placed in pending status and will remain pending until your order has passed our Fraud Team’s internal checks. If you do not provide the required information, your order will be cancelled and your payment will be refunded back to the original payment method. These information requests are sent to help protect payment method account holders from online fraud. Suncom may take further action against customers identified to be making fraudulent transactions.

Special Offers

Unless otherwise specified, all special offers fall under the following terms and conditions:

  1. Promotions with free items offered will exclude shipping costs.
  2. Free items may arrive separately from the primary purchase.
  3. For all buy one get one free promotions, the free item must be of equal or lesser value
  4. Unless otherwise stated, discounts or special offers only apply to the products advertised.

Intellectual property

  1. All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the look and feel and other visual or non-literal elements)) (whether registered or unregistered) in (a) the Website (b) information content on the Website, (c) any database operated by us and (d) all the Website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) are owned by us or licensed to us. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
  2. None of the material listed in Clause 14.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website or accessed as part of the service without our permission.
  3. All rights (including goodwill and, where relevant, trade marks) in Suncom name are owned by us or licensed to us. Other product and company names mentioned on the Website are the trademarks or registered trademarks of third parties.
  4. Title, ownership rights and intellectual property rights in and to the content accessed using the Website is the property of the applicable content owner or supplier and may be protected by applicable copyright or other law. Subject to the limited rights described in Clause 14.2, this Agreement gives you no rights to such content.
  5. The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
  6. Any material you transmit, post or submit to us either through the Website or otherwise (Material) shall be considered (and we may treat it as) non-confidential (subject to our obligations under data protection legislation). You grant us a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Material (other than Ideas).
  7. All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the service or the Website; (in each foregoing case, these are called Ideas) shall be deemed to be and shall remain our property and you hereby assign all existing present and future intellectual property rights in Ideas, to us. You must do all things reasonably requested by us to assure further the assignment of such rights. You understand and acknowledge that we have both internal resources and other external resources, which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

Limited liability

  1. This clause prevails over all other clauses and to the extent permitted by law, and states our entire Liability, and your sole and exclusive remedies, for:
    1. the performance, non-performance, purported performance or delay in performance of these Terms and Conditions; or
    2. otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
  2. Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our Liability for:
    1. fraud;
    2. death or personal injury caused by our Breach of Duty;
    3. any breach of the obligations implied by law; or
    4. any other Liability which cannot be excluded or limited by applicable law.
  3. In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.
  4. Subject to clause 16.3:
    1. we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Website; and we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
    2. you should not rely on any information accessed using the Website to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
    3. we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
    4. to the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Website, our services or this Agreement.

Indemnity

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

General

  1. No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any Liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
  2. Entire agreement: This Agreement contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. However, the service and Products are provided to you under our operating rules, policies, and procedures as published from time to time on the Site.
  3. Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
  4. Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
  5. No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement.
  6. Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.
  7. Third party rights: All provisions of this Agreement apply equally to and are for the benefit of Suncom, its subsidiaries, any holding companies of Suncom, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
  8. Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
  9. Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
  10. Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the exclusive jurisdiction of the courts of New South Wales.
  11. Mediation and dispute resolution: in the event of any dispute under this Agreement the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with this Agreement which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators and Mediators Australia Mediation and Conciliation Rules.
  12. We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the website will be deemed to constitute acceptance of the new Terms and Conditions.
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