Terms of Service

Klein Imports Pty Ltd ACN 643 404 077 trading as Rovi

Terms and Conditions of Trade

1. DEFINITIONS

1.1 In these Terms and Conditions of Trade, the following words have the following meanings:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010

(Cth).

Business Day means any day other than a Saturday, Sunday, Public Holiday or bank holiday

on the Gold Coast;

Claims means, in relation to a person, any claim, cause of action, proceeding, suit or demand

made against the person concerned however it arises and whether it is present or future, fixed

or unascertained, actual or contingent.

capable of subsisting under the Copyright Act 1968 (Cth) or equivalent legislation.

Corporations Act means the Corporations Act 2001 (Cth).

Delivery Areas means all areas within Australia.

ETA means the Electronic Transactions Act (Queensland) 2001 (Qld).

Force Majeure Event means any occurrence or omission outside of a party’s reasonable

control, as a direct or indirect result of which the party relying on the event is prevented from or

delayed in performing its obligations under this Agreement (other than a payment obligation),

and includes:

(a) a physical natural disaster including fire, flood, lightning or earthquake;

(b) riot, civil commotion, act of public enemies, national emergency (whether in fact or in law)

or government declaration or direction;

(d) supply shortage or strike, lock out, stoppage, labour dispute or shortage including

industrial disputes involving any of our suppliers.

Government Agency means:

(a) a government or government department or other body;

(b) a government, semi-government or judicial person; or

Insolvency Event means, for a person:

(a) being in liquidation or provisional liquidation or under administration;

(b) having a controller (as defined in the Corporations Act) or analogous person appointed to

it or any of its property;

statutory demand;

(d) being unable to pay its debts as and when they fall due otherwise being insolvent;

(e) dying;

(f) ceasing to be of full legal capacity or otherwise becoming incapable of managing its own

affairs for any reason;

(g) taking any step that could result in the person becoming an insolvent under administration

(as defined in section 9 of the Corporations Act); or

(h) entering into a compromise or arrangement with, or assignment for the benefit of, any of

its members or creditors, or any analogous event.

Intellectual Property Rights means any and all beneficial and legal ownership and intellectual

and industrial protection rights throughout the world, both present and future, including rights in

respect of or in connection with any Copyright Material (including future copyright and rights in

the nature of or analogous to copyright), Moral Rights, inventions (including patents), trade

marks, service marks, designs, circuit layouts and performance protection (whether or not now

existing and whether or not registered or registrable) and includes any affairs; right to apply for

the registration of such right and all renewals and extensions.

Law means any law, whether statute or common law (including the laws of negligence and

nuisance), ordinance, regulation, by-law, order or other determination of any Government

Authority.

Liability means Claims, Losses, liabilities, costs (including but not limited to legal costs),

damage or expenses of any kind and however arising, including penalties, fines and interest

and including those which are prospective or contingent and those the amount of which for the

time being is not ascertained or ascertainable.

Loss includes any loss, damage, compensation, fine, penalty, charge, payment, cost or

expense (including any legal cost and expense) however it arises and whether it is present or

future, fixed or unascertained, actual or contingent.

Moral Rights has the same meaning as in Divisions 2, 3 and/or 4 of Part IX of the Copyright

Act 1968 (Cth).

Order Form means the order form generated within the Website to collect the details of your

Order.

Order means an order placed via the Website for Products.

Original Products means a product advertised on our Website for sale in the form in which it

was received by us from our supplier.

Payment Methods means payment by credit card or electronic funds transfer.

Products means those products advertised for sale on our Website from time to time.

Website means https://rovi.com.au/ and associated social media platforms operated by

us or on our behalf.

2. GENERAL

2.1 This Website allows customers to browse, select and order Products from us.

2.2 Your use of the Website, your creation of an account with us and your ordering of Products from

us is governed by:

(a) These Terms and Conditions Trade; and

(b) Our Privacy Policy;

2.3 Please read these Terms and Conditions of Trade carefully as your creation of an account with

us and your ordering of Products through this Website is subject to these Terms and Conditions

of Trade (‘Terms’).

2.4 By registering your account with us or placing Orders for Products through the Website, you

agree that you will be bound by and comply with these Terms.

3. REGISTRATION OF ACCOUNT

3.1 Any personal information that you give us will be held and may be used or disclosed by us in

accordance with our Privacy Policy.

3.2 You may not have more than one active account at any one time, and your account is nontransferable. You may update, edit or terminate your account at any time through the Website.

4. PLACING ORDERS FOR PRODUCTS

4.1 You may order Products by selecting and submitting your order through the Website in

accordance with these Terms (‘Order’).

4.2 Any Order placed through this Website for a Product is an offer by you to purchase the particular

Product for the price notified (including any charges and taxes) at the time you place the Order.

4.3 We may ask you to provide additional details or require you to confirm your details to enable us

to process any Orders placed through the Website.

4.4 You agree that all information provided by you to us, including but not limited to when you place

an Order, is current, complete and accurate and not in any way misleading.

5. ACCEPTANCE OR REJECTION OF AN ORDER

5.1 We reserve the right to accept or reject your Order for any reason, which includes (but is not

limited to) an election to cancel your order in accordance with clause 9.

5.2 Each Order placed through the Website which we accept results in a separate binding

agreement between you and us for the supply of the relevant Products.

6. AVAILABILITY OF PRODUCTS AND SERVICES

6.1 If we are unable to supply the Products of your Order, we will notify you as soon as reasonably

practicable.

6.2 To the extent permitted by Law (including the Australian Consumer Law), you acknowledge and

accept that the Products displayed on the Website (including the images and description of the

Products displayed on the Website) may occasionally differ from the Products delivered, due to

changes in the manufacturer’s packaging and descriptions.

7. BILLING AND PAYMENT

7.1 Payment for each Product must be made in full via the Payment Methods prior to an Order being

dispatched. Orders will not be dispatched until payment for the relevant Products has been

received in full and clear funds.

7.2 All payments and refunds will be made in AUD ($). Any refunded value may differentiate

depending on the exchange rate applied at the time of processing the payment.

8. DELIVERY

8.1 Delivery of Products

(a) We deliver Products purchased through our Website to the Delivery Areas.

(b) We will process your Order upon receipt of payment, and send the Products the subject

of your Order via Australia Post or a reputable courier company.

(d) Please note that delivery time-frames provided are estimates only and may vary (usually

due to circumstances beyond our control. We endeavour to deliver Orders as close to the

estimated time-frame as possible but cannot guarantee this. For further details regarding

our delivery service, including time-frames and areas, please see our Delivery Policy.

8.2 Delivery requirements

(a) By placing your Order with us, you agree to comply with the following delivery

requirements:

(i) You acknowledge that by placing an Order with us, you authorise Australia Post to

leave your Order at your nominated address if you are not home;

(ii) If we are unable to effect delivery for any reason:

(A) Your delivery may be taken to an Australia Post branch for subsequent

collection where Australia Post will verify your identity before your Order is

released to you; or

(B) Your Order will be returned to us and we will endeavour to contact you to

arrange a new delivery date and time. You may be charged an additional fee

for this service.

(iii) You acknowledge that we may collect and record the details of any identification

provided in relation to delivery of Products. The personal information collected will

be held and may be used in accordance with our Privacy Policy.

9. CANCELLING AN ORDER

9.1 Cancellation by us

(a) We may cancel any Order, or refuse to accept an Order, or part of an Order at any time

(including any Orders that we have accepted or issued an invoice for) without any Liability

to you for that refusal or cancellation if:

(i) the Products the subject of your Order are not available;

(ii) we are unable to process your payment;

(iii) there is an error in the price or the product description posed on the Website in

relation to the Products the subject of your Order;

(iv) we reasonably suspect that you have breached any of the provisions featured within

these Terms by placing the Order; or

(v) we reasonably suspect fraudulent or unlawful activity.

9.2 Cancellation by you

Commented [CH2]: Please insert hyperlink to Delivery

Policy

(a) Unless otherwise provided for pursuant to the Australian Consumer Law or any other Law

which the parties cannot legally contract out of, you agree that you cannot change or

cancel an Order after it has been placed.

(b) If you wish to change or cancel your Order, please contact

[customer-care@rovi.com.au]. Every attempt will be made to accommodate your

request, however unfortunately no guarantee can be given once an Order has been

placed.

so subject to:

(i) you providing us with proof of purchase of the ordered Products;

(ii) the ordered Products being in their original condition and packaging; and

(iii) you agreeing to pay an amount we request on account of our reasonable costs of

processing the change or cancellation.

(d) If your Order has already been processed, you may still be able to return the Products the

subject of your Order. Please see our Returns and Refunds policy below for more

information.

10. RETURNS AND REFUNDS

10.1 Our refunds and returns policy incorporates those rights you have under the Australian

Consumer Law.

10.2 As a precondition to our assessment of any request for a refund or a return we will ask you to

provide us with a valid proof of purchase of the relevant Product or Service. This may include

your original receipt, your tax invoice or a statement from us.

10.3 Failures in respect of Products

(a) Our Products come with guarantees that cannot be excluded under the Australian

Consumer Law. You are entitled to:

(i) a replacement or refund for a major failure; and

(ii) compensation for any other reasonably foreseeable loss or damage.

(b) You are also entitled to have the goods repaired or replaced if the goods fail to be of

acceptable quality and failure does not amount to a major failure.

10.4 How to return Products

(a) You must provide us with:

(i) proof of purchase by producing the original tax Invoice or other form of proof such

as proof of payment;

(ii) the goods listed on the tax invoice with all original packaging and manuals enclosed

(including any bonus offers if applicable);

(iii) goods in their original condition;

(iv) goods with their tags remaining attached;

(v) suitable identification to identify you as the original purchaser; and

(vi) our online returns form which details the fault or issue with the goods and that the

fault or issue was not caused by you.

(b) We reserve the right to refuse any request for cancellations, exchanges, alterations,

amendments, returns and refunds in accordance with the Australian Consumer Law.

delivered to you, unless the product is found to be fault or damaged.

(d) Returns or refunds will not be offered where any products have been marked as

“undeliverable” by the shipping provider.

(e) You may be charged 20% of the purchase price of your purchase for the administrative

and handling costs associated with any exchange, alteration, amendment return or refund

in accordance with the Australian Consumer Law.

(f) Please download and complete our online returns form to ensure we can process your

refund as quickly as possible.

10.5 Items not Eligible for Return

We do not accept returns or exchange for change of mind.

11. FAULTY PRODUCTS

11.1 If you believe there is a fault with an item you have received, please let us know as soon as you

become aware of the fault by contacting our customer service team on

customer-care@rovi.com.au.

11.2 You must be able to:

(a) provide the original receipt (or a copy of) or some other form of proof of purchase of the

faulty item (where multiple items were purchase in the transaction that includes the faulty

item and a credit card/bank statement does not clearly itemise the faulty product, this may

not provide sufficient proof of purchase); and

(b) return the product to us by post. We note that you are responsible for the cost of return

postage.

11.3 If you are an international customer, please contact the customer service team prior to returning

the product to us.

11.4 Photographs alone will not be accepted as proof of fault. It is a requirement that the physical

product be in our possession prior to the acceptance of your return request. Please note, where

an item is deemed faulty, we will happily refund the cost of returning the item to us. Please

ensure you keep your postage receipt so that we can facilitate this refund for you.

11.5 In some cases, faulty items cannot be repaired and a replacement or refund will be offered. We

cannot control the availability of replacement goods.

11.6 We have no control over manufacturer warranty periods, nor can we control repair periods and

cannot advise what they will be. We will, however, do everything we can to ensure your faulty

item is handled as quickly as possible and that you are informed throughout the process.

11.7 We cannot be held accountable for repair products or communication from the manufacturer.

11.8 All electronic products come with manufacturer warranty and are non-refundable. If a product

covered by a warranty is deemed to be faulty we recommend that you contact the manufacturer

directly in accordance with the warranty conditions.

12. CANCELLATIONS

12.1 If your package has been shipped, we reserve the right to refuse order cancellation or to charge

a cancellation fee of 20% of the purchase price (‘Cancellation Fee’) should we be able to

request the return of the package from our delivery service.

12.2 If we are unable to request the return of the package from our delivery service, we will not be

able to provide a cancellation of your order.

12.3 If we have incurred costs associated with your order, we may not be able to provide a

cancellation of your order.

12.4 Any refusal of cancellation or charge of a Cancellation Fee will be at our sole discretion.

13. RECEIVING A REFUND

13.1 Where applicable, a refund will be issued once we have received your returned items. Any items

that are damaged when we receive them are not eligible for a refund. Refunds do not include

any shipping or handling charges, except in the case of faulty or damaged items.

13.2 Refunds will be credited back to the original Payment Method within five (5) to seven (7)

Business Days. Please note that we do not have control over the length of time it takes to refund

your credit card. Should you have any queries in this regard, you should contact your bank.

14. RISK AND TITLE

14.1 The risk in the Products will pass to you once you have taken delivery of the Products.

14.2 Title to the Goods will not pass to you until we have received payment in full for the Products.

15. LIABILITY

15.1 Without excluding, restricting or modifying the rights and remedies which may be afforded to

you by the Australian Consumer Law or our potential liability to you under the Australian

Consumer Law:

(a) you acknowledge that the Website and each Product is provided "as is" and that we do

not make any warranty or representation as to the suitability of the Website or a Product

for any purpose;

(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating

to the Products, services and the Website or the subject matter of these Terms to the

maximum extent permitted; and

will not be liable to you for indirect and consequential loss arising from or connected to

these Terms in contract, tort, under any statute or otherwise (including, without limitation,

for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or

corruption of data and any other commercial or economic loss of any kind).

15.2 Our liability (and any liability of our related bodies corporate, agents, employees, officers and

representatives) to you for loss or damage of any kind arising out of these Terms or in connection

with the relationship established by it is reduced to the extent (if any) that you cause or contribute

to the loss or damage. This reduction applies whether the liability arises in contract, tort

(including negligence), under any statute or otherwise.

16. TERMINATION AND SUSPENSION

16.1 Suspension

(a) We reserve the right to refuse service, terminate accounts and/or remove or edit content

if we deem that you have likely acted in breach of these Terms or have used the Website

in a fraudulent, illegal or improper manner. We also reserve the right to otherwise cancel

Orders in accordance with clause 9.

(b) If we lock, suspend or delete your account under clause 16.1, then we will refund all credits

that you are entitled to receive under these Terms by direct deposit to your nominated

account once we have conducted all our verification and other relevant checks.

16.2 Termination

(a) We may immediately suspend, terminate or limit your access to and use of the Website

and (where relevant) your Account for any reason, including (but not limited to):

(i) If you breach these Terms or we reasonably suspect (in our sole discretion) that

you have breached these Terms; or

(ii) We are required by Law to do so.

(b) You may stop using the Website at any time and for any reason.

Orders that we have accepted will not be affected by this unless the Products that have

been ordered are no longer available or we are prevented from supplying the Products,

in which case, we will notify you and will refund to you all valid payments received by us

for those Products.

17. FORCE MAJEURE

17.1 Neither party will be in breach of these Terms or liable for any failure or delay in the performance

of its obligations under these Terms to the extent that the failure or delay is wholly or partially

caused, directly or indirectly, by a Force Majeure Event or any act or omission of the other party.

17.2 If these Terms are no longer capable of being performed due to circumstances beyond the

reasonable control of the parties, whether as a result of a Force Majeure Event or otherwise:

(a) the agreement between the parties will be at an end; and

(b) both parties must immediately discharge all of their financial and other obligations under

these Terms up to the date of expiration or termination of the Terms.

18. MISCELLANEOUS

18.1 Governing Law

These Terms are governed by the laws of New South Wales. The parties submit to the non exclusive jurisdiction of courts exercising jurisdiction there.

18.2 Severance

Any provision of these Terms which is prohibited or unenforceable in the jurisdiction specified

in clause 18.1 above will be ineffective in that jurisdiction to the extent of the prohibition or

unenforceability. That will not invalidate the remaining provisions of these Terms nor affect the

validity or enforceability of that provision in any other jurisdiction.

18.3 Variation

No variation, modification or waiver of any provision in these Terms, nor consent to any

departure by any party from any such provision, will be of any effect unless it is in writing, signed

by the parties or (in the case of a waiver) by the party giving it. Any such variation, modification,

waiver or consent will be effective only to the extent to or for which it may be made or given.

18.4 Waivers

A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the

right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent

another or further exercise of that or another right, power or remedy. A waiver of a right, power

or remedy must be in writing and signed by the party giving the waiver.

18.5 Survival

Any indemnity or any obligation of confidence under Terms is independent and survives

termination of these Terms or an agreement arising in connection with these Terms. Any other

term by its nature intended to survive termination of these Terms survives termination of these

Terms.

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