Terms Of Use

1. TERMS OF WEBSITE USE

The Terms of Use

Battery Depot owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions ("Terms of Use"). If you do not agree to the Terms of Use, please do not use this website.

Ownership of Website and Content

Battery Depot owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Battery Depot. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Battery Depot or of the relevant trade mark owner.

Security

Battery Depot cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.

Third Party Content

This website contains information from or hyperlinks to websites operated by third parties. Batter Depot provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website.

Revisions

Battery Depot may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.

Liability

Battery Depot provides this website and its contents on an "as is" basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Battery Depot will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.

Your Privacy is Important

We are committed to protecting the privacy of everyone who shops or interacts with us. Battery Depot's Privacy Policy is published on this website and sets out our commitment to you on privacy, including our use of "cookies".

Governing Law

Battery Depot operates this website from its offices within Australia. The laws of the State of Queensland govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.

 

2. TERMS OF PRODUCT PURCHASE

The Agreement

In addition to the Terms of Use, these terms and conditions ("the Purchase Terms") set out the additional terms and conditions under which you may purchase from Battery Depot products appearing on this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and Battery Depot once Battery Depot accepts an order. Each accepted order is a separate agreement.

Customer Application

While using this website, you warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Battery Depot if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.

Orders

You place an order with Battery Depot by selecting products and completing the payment process. Battery Depot reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Battery Depot at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Battery Depot upon Battery Depot acknowledging such order or failing to reject such order within 14 days. We only accept orders from mainland Australia and Tasmania.

Product Availability

Battery Depot uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and Battery Depot may need to reject an order you have placed for a product where Battery Depot establishes that it is actually unavailable for delivery. In such cases Battery Depot will refund in full all amounts you paid in respect of such unavailable product. Battery Depot do not provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.

Payment

You must pay for your products purchased on this website at the time of placing an order. To pay for products, you will be transferred to an external site operated by Paypal Australia Pty Limited ("Paypal"). You agree that Paypal is responsible for processing and the security of your payment, and you hereby release Battery Depot from any liability in relation to such payment. Please refer to Paypal's terms of use for conditions applying to payment processing services.

Variation of Products and Price

Battery Depot may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between Battery Depot's retail stores and those found on this website.

Delivery

Delivery terms included delivery areas, delivery costs and estimated delivery times are contained in Battery Depot's Delivery Policy published on this website, and the Delivery Policy is expressly incorporated in these Purchase Terms. Please note that to purchase products, your delivery address must be within a suburb where Battery Depot provides delivery. Orders will not be processed for delivery to an address in a suburb not in Battery Depot s delivery area. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.

Returns

Return claims (including for replacement products, refunds or credits) are detailed in Battery Depot's Warranties and Refunds Policy published on this website, and the Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.