ourbizniss.com.au - Online Terms and Conditions of Sale


IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AND LIMITATIONS AND EXCLUSIONS THAT MAY AFFECT YOU.

  1. When these terms and conditions apply

    These terms and conditions apply to all orders for goods (such as our DVD's) and services (such as our e-Learning titles) placed with Our Bizniss Productions Pty Ltd ABN 64 088 469 149 (Our Bizniss, we, our, us) by a customer (you, your) through the website at www.ourbizniss.com (website). By placing an order through the website, you agree to be bound by these terms and conditions. No variation to these terms and conditions will be valid unless Our Bizniss expressly agrees to the variation in writing.

  2. When these terms and conditions do not apply

    These terms and conditions do not apply to sales of goods or services if the website states that those goods or services are covered by different terms and conditions.

  3. Order placement and payment

    The depiction of goods or services on the website does not constitute an offer by Our Bizniss to sell them. No contract of sale is formed until you place an order for the relevant goods or services, and we notify you in writing (including by email to the email address specified by you) that your order has been accepted.

    Our Bizniss will notify you if for any reason your order is not accepted or the goods are not despatched within 7 days after the placement of your order. If payment has been charged to your credit card at that time then Our Bizniss will refund the payment at the time of sending you the notice.

    Our Bizniss reserves the right to accept or decline any order for any reason, or to require you to confirm your identity or provide additional information to allow us to process your order.

    When ordering DVD's you must advise us of the region of the world in which the DVD is to be used, and we will supply DVD's formatted to be used in that region.

    Payment is due immediately upon placement of your order. Payment may be made by credit card or direct bank transfer.

    If paying by credit card, when placing an order with Our Bizniss, you must provide us with your valid credit card number and any other information we request through the website to enable us to process your order. We will charge your credit card at the time your order is placed with us. Our Bizniss will refund payments received from you in relation to your order if for any reason the order is not accepted by us or the goods are not despatched within 7 days after the placement of your order.

    If paying by credit card, you warrant that any credit card details provided by you are true and correct and that you are authorised to charge the relevant payment to that credit card. You must indemnify Our Bizniss from and against any loss or damage it suffers in connection with a breach of this warranty.

    If paying by direct bank transfer, goods will not be dispatched until payment in full is received by our bank.

  4. No alteration or cancellation of orders

    Once you have placed an order, you cannot change it or cancel it without our express agreement. If we agree to alter or cancel your order, you must pay us any costs or expenses incurred by us in relation to the cancellation.

  5. Prices and Product Information

    Prices and other product information quoted on the website are subject to change from time to time without notice. The price of goods or services ordered by you will be the price quoted on the website at the time you place your order.

    All prices quoted on the website are in Australian dollars inclusive of Australian Goods and Services Tax (GST), but do not include any other tariffs, duties, or other taxes or government imposts. Our Bizniss is not responsible for the payment of those additional taxes, charges or duties and you must reimburse us for them on demand if we are required to pay them.

  6. Warranties and liability

    Goods supplied to you through the website will be covered by the applicable statutory warranties.

    TO THE EXTENT PERMITTED BY LAW, OUR BIZNISS EXCLUDES ALL OTHER TERMS, CONDITIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED BY STATUTE, THE COMMON LAW, EQUITY, TRADE, CUSTOM OR USAGE OR OTHERWISE), INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

    Nothing in these terms excludes, limits or modifies any conditions or warranties implied by legislation which cannot lawfully be excluded.

    So far as the law permits Our Bizniss is not liable in any way for any indirect or consequential loss or damage or for loss of profit including, without limitation, any such loss caused by reason of delay, defective or faulty materials or workmanship, negligence or any act or matter or thing done, permitted or omitted by us.

    Our liability for a breach of a condition or warranty that is implied into this contract and cannot be lawfully excluded is limited, at our option, to:

    • in the case of goods - the replacement or repair of the goods, the supply of equivalent goods or the cost of replacing or repairing the goods or of acquiring equivalent goods; or
    • in the case of services – supplying the services again or the cost of having the services supplied again.
  7. Deliveries

    Goods will be delivered by mail to the delivery address you nominate when submitting your order. Delivery in Australia is estimated to take no more than 7 days and delivery in other countries is estimated to take no more than 28 days.

    If you request more urgent delivery by courier, you must pay on demand the cost of courier delivery.

    We are not liable for any failure to deliver or delay in delivery for any reason beyond our reasonable control.

    If we reasonably determine that your order is not deliverable to your nominated delivery address due to the address provided being invalid, a lack of reasonable access to that address or you do not collect the goods within 15 days after being notified that they have been kept by our chosen carrier for collection by you, we may cancel the contract and the relevant goods will be returned to us at your expense, and made available for sale to other customers. In those cases we will refund you the price you have paid for the goods, less any delivery charges.

  8. Goods Damaged in Transit

    You must inspect your goods at the time of delivery. If you believe your goods have been damaged in transit, you must notify us within 48 hours after receiving them (or collecting them from our chosen carrier, where applicable). If you do not notify us of the damage within that period, the relevant goods will be taken to have been received in good condition and you will waive any claims in respect of any damage that may have occurred in transit.

    To notify us you must call Our Bizniss. We will either make arrangements with you to collect the goods from you or send you a prepaid envelope to return the goods, and you must then return them to us together with your proof of purchase and delivery documents, and all packaging, manuals and accessories supplied with the goods in their original condition.

  9. Returns and Refund Policy

    Our Bizniss will not accept a return or offer a refund in respect of any goods unless:

    1. They have been damaged in transit and you have notified us of the damage in accordance with these terms and conditions; or
    2. They are the subject of a valid claim under any manufacturer's or other warranties applicable to or purchased with the goods; and
    3. Your claim is received by us within 28 days of your receipt of the goods.

    At our discretion we will exchange unused DVD's if it is not correctly formatted for the region in which you reside, provided that you pay on demand the cost of delivery of the replacement DVD.

    However, nothing in these terms and conditions affects any rights you may have under any conditions or warranties which we cannot lawfully exclude.

  10. Your Use of e-LearningTitles

    We do not guarantee that the streaming of an e-Learning title will be fault free.

    You are licensed to use e-Learning titles for personal use or use within the organisation purchasing the title. You are prohibited from reselling e-Learning titles or using them for commercial purposes without our express permission. You agree that you will not use e-Learning titles for any purpose that is unlawful or prohibited by these terms and that you will comply with all guidelines we may publish and communicate to you from time to time. You agree that you will not interfere with the normal operation of the streaming of an e-Learning title.

  11. Intellectual property

    Our Bizniss Productions Pty Ltd is the owner of the Our Bizniss trademark appearing on the website and our products. All contents of Our Bizniss products are copyright © Our Bizniss Productions Pty Ltd.

    You agree that in using Our Bizniss products, you will not infringe any intellectual property rights belonging to Our Bizniss and you will not use any trade mark, business or trading name or copyright material in a way that is likely or intended to cause confusion about the owner or authorised user of such trade mark, name or material.

  12. Waiver

    Failure by us to insist on strict performance of any term, warranty or condition of the contract will not be taken as a waiver of it or of any of our rights and no waiver will be taken as a waiver of any subsequent breach of any term, warranty or condition.

  13. Governing law

    The laws of South Australia, Australia govern these terms and conditions and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of South Australia.

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