Terms & Conditions

Terms & Conditions

Terms & Conditions

We reserve the right to amend these terms and conditions. Amendments will be effective immediately. We reserve the right to refuse supply and to cancel any orders at any time and at our discretion. This includes any purchases, credits, discounts or other transactions which may be subject to investigation for fraudulent, illegal and/or any form of unauthorised activity. 

Images of products on this website are for illustrative purposes only. Graphics and/or packaging colours may differ with various shipments.

Price and payment

1.1 The Price in respect of a Good is specified on the Website.

1.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST).

1.3 Maxellshop.com.au reserves the right to change or alter Prices of Goods on its website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.

1.4 You can pay for your Goods through the use of credit card we accept only Mastercard and Visa card. We do not hold your credit card information and all transactions are processed securely through the ANZ egate online payment system.

1.5 You acknowledge and agree that any payment in respect of a purchase order must be processed and cleared before goods are dispatched. If your payment cannot be processed, and is not cleared through ANZ’s egate your Order will be rejected in accordance with these Terms and Conditions and you will be notified by email. It is our recommendation that you contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or give us a call on (03) 94299211 for assistance.

1.6 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

1.7 You will receive a tax Invoice upon delivery of your goods once payment in respect of your Order has been processed.

Placing orders for Goods

2.1 An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery and GST) as specified at the time you submit your Order.

2.2 You acknowledge that all Orders through the Website are with respect to Goods and quantity restrictions may apply from time to time.

2.3 In completing your order, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by our logistics team to fulfil your Order. Maxellshop.com.au will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.

2.4 Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made. However, we will allow you to return Goods in accordance with the Returns Policy. You must check your Order carefully prior to submitting your Order with us.

2.5 Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order.

2.6 You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre in regards to your Order.

Acceptance and Cancellation of Orders

3.1 Maxellshop.com.au reserves the right to accept and cancel any order at any time.

3.2 Despite all reasonable precautions taken to list accurate prices and descriptions,  incorrect price or incorrect information may occur due to a typographical error or oversight. If such a circumstance arises, we reserve the right to cancel the transaction and purchase order, regardless of whether that order has been confirmed and your credit card charged. We will not be liable to the customer or any third party for any loss that is incurred for the cancellation of any order.

3.3 If we exercise our right to cancel an order, the customer will be notified of the cancellation and the reason will be stated in an email within five (5) Business Days after the placement of the Order.

3.4 Where an order has been cancelled and payment has been processed, we shall contact the customer within (5) business working days to have the money paid to us with respect to the cancelled order refunded.

Return of faulty Goods

4.1 Goods must be returned to maxellshop.com.au at the customers expense. Upon our inspection of any defects in manufacturing and/or workmanship, we will issue a refund at our sole discretion. Refunds are not available in any other circumstances.

Refund/Credit

5.1 There are no refunds/exchange for 'change of mind' purchases and no credit will be issued. We make no warranty that goods acquired from us over this web site will meet your requirements.

5.2 No cancellations or changes to orders will be accepted. Your goods will be delivered to the stated delivery address. We therefore ask you to carefully check your order that it is accurate before confirming and submitting your order.

Ratings and Reviews

6.1 Please read these Terms of Use carefully before using the Service. These Terms of use contain important information about your responsibilities and liability when submitting information through the Service.

6.2 You agree to be bound by these Terms of Use each time you submit content including reviewing, rating and commenting on products when using the ratings and reviews service offered through this website.

6.3 You acknowledge and agree that:

        (a) you shall not submit any content that is known by you to be false, inaccurate or misleading;

        (b) you shall not submit any content that infringes any third party's intellectual property rights (including copyright, trade marks, patents, designs, and any other rights, whether registered or not);

        (c) you shall not submit any content that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or privacy);

        (d) you shall not submit any content that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

        (e) you shall not submit any content for which you were compensated or granted any consideration by any third party;

        (f) you shall not submit any content that includes any information that references other websites, addresses, email addresses, personal information or phone numbers; you shall not submit any content that contains any computer viruses, worms or other potentially damaging computer programs or files; and you unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of your moral rights in the content you submit (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given;

6.4 By submitting any content to Maxellshop.com.au, you represent and warrant that:

        (a) You are the sole author and owner of the intellectual property rights in the content, and the content is your original and independent creation;

        (b) All content that you submit (including personal information)  is true, accurate, complete and up to date, and in the case of personal information, is your own personal information (or if that of another person, you have obtained that person’s consent);

        (c) You are at least 16 years old;

        (d) Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and

        (e) Use of the content you supply will not breach any law, or infringe any third party’s rights (including intellectual property rights).

6.5 You acknowledge that you, not Maxell, are responsible for the contents of your submission.

6.6 For any content that you submit, you assign to Maxell all rights, title and interest in and to the content in relation to all media (including, but not limited to the internet), and whether in existence now or created in the future.  For the avoidance of doubt, Maxell may use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you,

6.7 All content that you submit may be used at Maxell’s sole and absolute discretion.  However, your submission of content through the Service does not constitute a representation that Maxell will use the content.

6.8 You consent to Maxell having the right to change, condense, delete any content for the purposes of publication, including because Maxell deems the content to violate the content guidelines or any other provision of these Terms of Use. Maxell accepts no responsibility or liability where your comments are downloaded from the Website by any persons, and for any matters arising after such download.

6.9 You will not have any recourse through Maxell to edit, remove or delete any content (or part thereof) you have submitted, Therefore, you should carefully check that the content of your submission is accurate before you submit it to us.

6.10 Where Maxell determines that it will use your submissions, ratings and written comments on the Website, Maxell will post such content within approximately two to four business days (although from time to time, this may take longer) . However, Maxell reserves the right to remove or to refuse to post any submission for any reason.

6.11 You acknowledge and agree that the information submitted is not confidential (to you or any other third party), and is not subject to any obligation of confidence on the part of Maxell, its agents, subsidiaries, affiliates, partners or any third party.

6.12 If you provide personal Information (such as your name and email address) when using the Service, Maxell will use that information for the purpose of managing your review in accordance with Maxell’s Privacy Policy. For further information regarding Maxell's Privacy Policy including how to access or update any records of Personal Information, please click here.

6.13 You agree to indemnify and hold Maxell (and its officers, directors, agents, subsidiaries, joint ventures and employees harmless from all claim, loss (including, but not limited to, any indirect, consequential or economic loss), liability, damage, action, proceeding, judgment, cost and expense that is, or may be, incurred or sustained by the Indemnified caused by or arising out your breach of these Terms of Use or your violation of any law or the rights of a third party.

6.14 To the fullest extent permitted by law, Maxell will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms of Use.

6.15 Maxell excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms of Use.

6.16 Our liability to you for loss or damage of any kind arising out of these Terms of Use will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

6.17 Maxell reserves the right at all times to make changes to these Terms of Use. Any variations to these Terms of Use will take effect from posting on the Website. The Terms of Use, which apply at the time of submitting your content, are those that govern your relationship with Maxell with respect to the Services.

6.18 Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms of Use nor affect the validity or enforceability of that provision in any other jurisdiction.

6.19 A failure or delay by Maxell to exercise a power or right under these Terms of Use does not constitute as a waiver of that power or right, and the exercise of a power or right by Maxell does not preclude its future exercise or the exercise of any power or right.

Disclaimer

7.1 This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.

7.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such 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 (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again; and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.

7.3 We will not accept liability in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods supplied pursuant to an order placed on this web site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

Specific Warnings

8.1 You must ensure that your access and purchases from this web site are not illegal or prohibited by laws which may apply to you.

Intellectual Property Rights/Copyright

9.1 The Maxell logos are registered trade marks of Hitachi Maxell Ltd (Japan) and Maxell Corporation of America (MCA). and used under limited license by maxellshop.com.au

9.2 You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by the Publisher, Maxellshop.com.au., or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms of Use gives you a right to use any of them.

9.3 Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. The Publisher makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

9.4 You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of the Publisher or, in the case of third party material, from the owner of the copyright in that material.

9.5 You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

9.6 If you correspond or otherwise communicate with the Publisher, you automatically grant to the Publisher an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your 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 this website and developing your ideas and suggestions for improved products.

Restricted Use

10.1 Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information obtained from this web site.

Security of Information

11.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

11.2 We take reasonable steps to preserve the security of personal information supplied to us. We do not save any customer's full credit card details in any database. We use ANZ's eGate merchant system and SSL encryption on all purchases made through maxellshop.com.au.

Termination of Access

12.1 Access to this web site may be terminated at any time by us without notice.
Our disclaimer will nevertheless survive any such termination.

Governing Law

13.1 These terms and conditions are governed by the laws in force under the TPA.
You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

14.1 We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.