You (the purchaser) acknowledge that these terms and conditions embody the whole agreement between the parties and agree to be bound by them.
Payment for goods and services
You agree to pay for all goods and services purchased by you within normal trade terms set out below. You agree that, should you not meet these payment terms, Webbsoft reserves the right to exercise all the rights available to it. Webbsoft also reserves the right to take legal recovery action, should it deem this necessary and to charge to you and recover from you, costs of doing the same. Such costs include any collection agent fees and legal fees on a solicitor/own client basis. All accounts are cash only. Payment is by credit card only. i.e., Bankcard, Visa or MasterCard. All prices are subject to change without notification.
Title to Property
Title in any article sold by Webbsoft shall not pass from Webbsoft to you until you have paid for the article in full and all relevant payments have been cleared. The risk of loss or damage to the goods shall be entirely at your own risk upon delivery to you. Webbsoft reserves the right to retake physical possession of the goods in full until such time as the debt has been satisfied. You agree that Webbsoft reserves the right to enter upon your premises or the premises of any other associated person where the products are located in order to do this. Monies owed by you to Webbsoft shall become due immediately upon the commencement of any act or proceedings for your winding up or placement into any form of insolvency administration, whether formal or otherwise.
Goods shall be delivered to the address specified upon placement of the order as the address for delivery. Freight will be charged at a standard Australia Post rate and be shipped using Australia Post. A freight charge applies to every order regardless of its size or geographical destination. Freight must be paid on all goods shipped. Webbsoft will deliver as soon as reasonably possible, taking account of the product and the delivery address, but does not make any warranty in this regard and accepts no responsibility whatsoever for any loss you might suffer by reason of any delay in delivery.
You agree not to infringe any Copyright in the form of information or services by copying, re-transmitting, or disseminating any Copyright material (except where it is expressly permitted by Webbsoft).
Webbsoft will only permit a return of goods and replacement or grant a credit where there was an incorrect shipment of goods or where products are proved by you to be defective at the time of sale and not due to wear and tear, negligence, neglect or default on your part. Goods must be in acceptable (as new) condition upon return, and the seals on all disks and CD's intact. All goods returned must be in 'complete' condition.
Procedure for returning goods
You must notify Webbsoft promptly after delivery of any products that are regarded as defective. All goods intended for return must be authorised by a member of Webbsoft’s staff. To obtain authorisation, email your return request to firstname.lastname@example.org. Return the goods by your preferred carrier (Webbsoft shall not be liable for any freight charges that have not been agreed to in advance). The package should be clearly marked to the attention of the Webbsoft staff member who authorised the return. Goods not clearly marked will not be accepted for return. Webbsoft will issue replacement goods (as indicated on accompanying documentation). In all cases, products must be returned in complete condition including stock that is damaged and the seals on all disks and CD's intact. The authorisation of a return DOES NOT guarantee a replacement or credit - it is only your authorisation to return the goods. In all other cases, shipment of goods for return is your responsibility.
Webbsoft will not be liable to you for any loss or damage of any nature (including direct or indirect or consequential loss) resulting from or arising as a consequence of your purchase and use of goods or services. If a term is implied by law as part of this agreement and that term prohibits provisions in a contract excluding or modifying Webbsoft's liability under that term, then it will be included in this agreement. However, the liability of Webbsoft for any breach of such term will, if permitted by that law, be limited at the option of Webbsoft, to one or more of the following: (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment cost of replacing the goods or acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again to the best of the knowledge and information of Webbsoft Ltd. and its representatives, all facts, information and figures contained in this application and attachments are true and accurate at the time of printing. Webbsoft reserves the right to make any changes in information, membership entitlements and product inclusions, as it may deem necessary, without prior notice.