company & website info

terms & conditions

1. About this Website and Terms of Use

1.1 Agreement

(a) Please read these terms and conditions carefully. This Website and its sub-domains are owned and operated by Clive Peeters Ltd ABN 52 058 868 018 (“Clive Peeters”, “we”, “our” or “us”) under the domain name "clivepeeters.com.au" (“Clive Peeters Website”, or “Website”). The terms “you” and “your” means you, the customer or user of this Website.

(b) Your use of and access to the services, information, text, graphics, materials and other content on our Website (“Material on this Website”) is governed by these Website Terms of Use. By accessing and using this Website you agree to be bound by these Terms of Use without any limitation or qualification. These Terms of Use constitute a legally binding agreement between you and us.

(c) In addition to the Terms of Use contained in this document, other terms of use or conditions may apply to your use of this Website, parts of this Website, or to products and services offered via this Website. You will be bound by these additional terms, as applicable.

(d) You must be over 18 to use our Website or order products or services via it.

(e) You warrant to us that you have the authority to enter into this agreement.

1.2 In-store products and services

While we sell products and services through various channels, including through our stores and this Website, these Terms of Use only apply to products and services offered for sale, advertised on, and/or sold via this Website, not through our stores, and any price or offer advertised on this Website may not apply in our stores. Please check with your local store for terms, including prices, applicable to products and services offered in-store.

2. Sale of products and services

2.1 General

We only sell and deliver our products, and supply our services and support, to customers within Australia.

2.2 Prices

(a) Any prices quoted on this Website are valid at the time of publishing and access. All prices are subject to change at any time.

(b) Any savings promoted on the website are calculated from the in store ticketed price.

2.3 14 day price guarantee

(a) Where you purchase a product via this Website and you find the same item elsewhere for a lower price within 14 days of the date of purchase we will refund the difference as long as:

you provide written proof of the lower price in accordance with paragraph 2.3(c);
the item is exactly the same item as the product purchased, with the same terms including warranty;
the delivery conditions are the same; and
the lower price is above the price we paid to the manufacturer or supplier for the product.

(b) Prices for products exclude any applicable delivery charge.

3. Payment

3.1 General

(a) All payments for any products or other services purchased via our Website must be made in full by clear funds at the time of purchasing the product or service.

(b) Unless provided for otherwise, all payments referred to in paragraph 3.1(a) above are to be made by the PayPal secure payment gateway facilities accessible via the Website or selected credit cards.

Credit card type;
Name on credit card;
Credit card number;
CVN number; and
Expiry date.

(d) Parts of this Website, or the provision of payment processing or other services offered via this Website, may be outsourced to third party providers. These Terms of Use apply to any outsourced services, unless you are otherwise notified of any alternate terms of use in accessing such services.

3.2 When contract for product and service is formed

(a) Any advertisement or listing of a product or service on the Website by us is an invitation to treat, and does not constitute an offer. The parties may enter into a contract for the sale and supply of products and/or services using the Website by:

you making an electronic offer via the Website to purchase a product or service at the price advertised on the Website by:
placing an order for the goods and/or services using the Website;
you confirming the order details in accordance with the procedure on the Website; and
you making payment in full for the goods (plus any applicable delivery and handling charges) or service; and
our acceptance of that offer (we may, in our sole and absolute discretion, accept or reject any offer made by you for any reason, including the unavailability of the goods or service, an error in the advertised price for, or description of, the goods or service on the Website, or an error in your offer).

(b) When entering into a contract via the Website, you will be taken to have communicated your offer to purchase goods and/or services only when:

any specific steps or requirements as set out in this agreement, including setting up an account, have been complied with;
the Electronic Instruction (being any electronic instruction, message, request or communication issued or transmitted to us via the Website) containing the offer from you enters and is recorded in our database;
a record is created and stored in our database;
an Electronic Instruction containing your confirmation of the order details in accordance with the procedure on the Website is recorded in our database; and
we receive in our account full payment from you for the product (including any applicable delivery and handling charges) and/or service, and confirmation of that payment is received by our database.

(c) A binding contract for the sale of products or services is conditional on receipt by our account of payment in full by you for the product (including any applicable delivery and handling charges) and/or service, and confirmation of that payment being received by our database.

(d) You acknowledge that:

the transmission of your offer or the confirmation of any payment, made through an Electronic Instruction may not be received by us for reasons beyond either parties' reasonable control including, but not limited to, mechanical, software, computer, telecommunications, or electronic failure, or the omission or failure of third party service providers or systems;
to the extent permitted by law, we are not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an Electronic Instruction through the Website, or any failure to receive an Electronic Instruction for whatever reason;
we may act on and process all completed Electronic Instructions transmitted or issued through the Website without further consent from or reference to you; and
we may treat an Electronic Instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Electronic Instructions, or to verify the accuracy and completeness of such Electronic Instructions.

3.3 PayPal and credit card fraud

(a) We employ the latest in Secure Sockets Layer (SSL) technology from Verisign and PayPal PayFlow secure payment gateway to secure our payment systems.

(b) To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a customer whose credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

4 Your account

(a) To purchase products via the Website, and to access certain content on, or functionality and parts of, the Website, you must create an account on the Website. In order to create an account and/or log-in, you must provide certain details about yourself to us, as requested by us on the log-in, registration and/or authentication pages of the Website.

(b) You warrant that the details you provide to us are accurate and correct.

(c) You are responsible for keeping all details in your account up to date and must update those details as soon as they change.

(d) You are responsible for keeping your account details and log-in details (email address and password combination) confidential. You must not provide your log-in details to any other person, and must not allow any other person to use your account. You accept responsibility for all activities that occur with your account. You should take all necessary steps to ensure that your account is kept secure and should contact us immediately if you believe someone else has access to your account.

(e) You must not use the Website to access or modify the details of another person without their authority.

(f) We reserve the right to suspend or terminate an account at our absolute discretion.

(g) Where you elect to pay using the PayPal option, you may also be required to create, maintain and use a PayPal account. You agree to comply with the terms notified to you by PayPal in relation to such an account.

5. Orders

5.1 Availability

All stock availability representations are accurate to the last known stock level but are subject to change at any time. If for any reason beyond our reasonable control we cannot supply a particular item we will notify you as soon as possible.

5.2 Orders for delivery

(a) The terms of this section 5.2 apply where you request that products be delivered to you.

(b) Deliveries will be made to the address you specify. This address must be an address within Australia and cannot be a PO Box or freight forwarding location.

(c) We do our best to deliver to you on your requested delivery date and will contact you as soon as possible if that cannot be done.

(d) Deliveries will be made to you by our contracted delivery drivers, a contracted delivery company or direct from the supplier. We retain the discretion to select the most appropriate method.

(e) You must be at the address you specify to accept the delivery on the requested date. The delivery can be made at any time during the day. If you aren’t at the address on the requested date when we deliver we will leave a card with information on how to arrange another delivery date and you will be liable for any redelivery charges.

(f) If you wish to change the delivery date or address you must let us know at least 48 hours prior to the dispatch of goods.

(g) Please note, depending on your location and where we are shipping the goods from, the dispatch date could be up to 14 days prior to the delivery date.

(h) You must advise us of any difficulties that may be involved in the delivery. If your order is above a particular size, or the location you have specified that we need to deliver to suggests that it may be difficult to reach (such as upstairs at a block of flats) we may ask you to confirm any difficulties that may be involved in the delivery, however, our omission to do so does not limit your obligation to advise of any difficulties. If you don’t state the situation correctly and on arrival our driver deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist. You are responsible for ensuring there is suitable access to the location where we will leave the goods.

5.3 Orders for pick-up in store

(a) The terms of this section 5.3 apply where you select to pick up products from one of our stores.

(b) If you do not pick up your goods within 14 days of being informed they are ready for pick up, we reserve the right to allocate those goods to another customer and reorder the goods for you. If the goods are no longer available from the supplier then a substitute product of similar specification may be supplied.

(c) If you do not pick up the goods within 1 month of the date of the order, we reserve the right to cancel the order and return payment to you less an administrative fee of 10% of the value of the goods.

5.4 Cancelling an order

(a) We reserve the right to cancel any order at any time at our absolute discretion. If we cancel an order in this manner it will be at no charge to you.

(b) You may cancel your order up to 14 days after it is placed as long as goods to fulfil that order have not been ordered by us or dispatched to you. We reserve the right to deduct any direct costs associated with the cancellation such as supplier restocking charges.

(d) Where we notify you that we will be unable to deliver the goods on the delivery date due to lack of stock, you may cancel the order without charge, and we will issue a full refund to you for the goods.

(e) Any refund for cancelled orders, less any applicable deduction or fee, will be issued usually within 7 but no longer than 28 days.

5.5 Title and risk in goods

(a) In the case of orders for delivery:

title to the goods passes to you on the physical delivery of the goods to the address identified in your order; and
risk of loss or damage to the goods passes to you when the goods leave our place of dispatch.

(b) In the case of orders for pick up in store:

title to the goods passes to you on collection and possession by you of the goods; and
risk of loss or damage to the goods passes to you when the goods leave our place of dispatch.

6. Customer satisfaction

6.1 Faulty or damaged goods

(a) A product is considered damaged if it was damaged when first removed from it’s packaging. A product is considered to be faulty if it doesn’t work or stops working within 7 days of being removed from it’s packaging.

(b) You must report faults or damage to us within 48 hours of discovering it, or the next working day if that is a non-trading day.

return the reportedly faulty or damaged product to the Clive Peeters store where you picked the product up or, in the case of delivered products, the place of dispatch;
request that we arrange for pick up from you, or repair at your premises, of the reportedly faulty or damaged product, in which case we will arrange for (and, subject to paragraph (d), bear the cost of) collection, transportation and/or repair.

(d) We reserve the right to test any returned or reported faulty or damaged items. If we find that they aren’t faulty or damaged you will be liable for any costs we have incurred.

(e) Where we agree that the product is damaged or faulty, and the fault or damage has been notified to us within the applicable time periods in paragraphs 6.1(a) and (b), we will arrange for goods to be repaired or replaced at our discretion, and we are responsible for any shipping charges.

(f) It is your responsibility to ensure that defective goods are suitably packaged for return shipping and include all cables, manuals, accessories and other items that came with it.

6.2 Refund policy

(a) New, unopened items may be returned up to 7 days from receipt, except for the following goods which cannot be returned or refunded at any time:

Any product missing the serial number or UPC
Software products, downloadable or physical
DVDs, BluRays and other movies including downloadable movies
Music CDs and downloadable music
Computer and console games
Gift cards and gift certificates
Pay As You Go (or prepaid) phone cards
Prepaid game cards (World of Warcraft, Xbox 360 Live, Wii Points, etc.)
iTunes vouchers
Special orders placed on a customers behalf

(b) Items must be in their original packaging and be resalable as new.

(c) You must return the product to the Clive Peeters store where you picked the product up or, in the case of delivered products, deliver (at your cost) the product to the place of dispatch. Where you request, we may arrange (at your cost) for the goods to be collected from you and transported to us.

(d) A refund for items returned in accordance with this section 6.2 will be issued usually within 7 but no longer than 28 days.

(e) Refunds will only be made to the credit card or PayPal account used to make the purchase.

(f) We reserve the right to deduct any direct costs associated with transactions such as delivery fees and supplier restocking charges.

6.3 Manufacturer and Extended Warranties

(a) Warranties for the products are provided by their respective manufacturers and apply for Australia only.

(b) Please contact the manufacturer for the exact terms and conditions of their warranty and to make warranty claims.

(d) You may elect to purchase an “Extended Warranty”. For terms applicable to Extended Warranties please read our Extended Warranties Terms and Conditions.

(e) Your tax invoice is proof of purchase and will be required for all warranty claims. Please see “Your account” for another copy of your invoice.

6.4 Other warranties

(a) To the extent permitted by law, we exclude all warranties, express or implied, in relation to any products and services offered for sale, advertised or purchased via the Website.

(b) Our liability for breach of a warranty implied by law, and which cannot be excluded, is limited to the extent possible at our option, to:

the supply of the goods or services again;
the repair of the goods; or
the payment of the cost of having the goods or services supplied again or repaired.

7. User generated comments, reviews, communication and other content

(a) You may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, on or using the Website.

(b) You must not submit any content that in any way:

is harmful (including due to any virus, worm or Trojan horse);
is threatening;
contains any swearing or offensive language;
is scandalous;
is (or is likely to be) defamatory or libellous;
is inflammatory;
is obscene;
is offensive;
contains any nudity or is pornographic or indecent;
is profane;
is, or is likely to, denigrate, marginalize or offend any person or class of person based on race, ethnicity, nationality, sex, age, sexual preference, religion, disability, political belief or marital status;
refers to or depicts drug use or other illegal activities;
refers to or depicts violence;
that could constitute or encourage a violation of any law;
is defamatory;
is invasive of privacy;
infringes intellectual property rights;
constitutes political campaigning;
constitutes commercial solicitation; or
constitutes chain letters, mass mailings or any form of unsolicited commercial electronic message or "spam".

(c) You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.

(d) If you do post content or submit material to the Website, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for training purposes and for promoting Clive Peeters and Clive Peeters’ products and services. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if we choose.

(e) You represent and warrant that:

you own or otherwise control all of the rights to the content that you post;
that the content is accurate; and
that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

(f) We reserve the right to ‘pre-moderate’ content prior to it being made visible to other users, and to exclude, reject, remove, never display, edit, alter or reuse any content that you create at our absolute discretion.

(g) To the extent permitted by law, we take no responsibility and assume no liability for any content posted by you or any third party.

8. Clive Peeters and third party content

8.1 Information on this Website

(a) Material provided by us on this Website is provided as general information only, on an 'as is' basis. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

(b) You acknowledge that product descriptions and specifications have been prepared and provided by the product manufacturer, not us.

(c) We do not make any representation or warranty that any material, including product descriptions, is reliable, accurate, complete or current, nor do we accept any responsibility arising in any way from errors or omissions.

(d) If a product offered by us is not as described, your sole remedy is to return it in unused condition.

8.2 Links to other websites

(a) The Website may contain links to websites which are owned or operated by third parties independent of us ("Third Party Websites"). We do not sponsor, endorse or approve of the operators of Third Party Websites, or material (including services, information, graphics, or data) which is located on such Third Party Websites ("Third Party Material").

(b) The Website may contain or link to information about special offers, deals or promotions by persons not related to us ("Third Party Offers"). We do not sponsor, endorse, or approve of any Third Party Offers, or Third Party Material associated with these offers.

regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material, or products or services available through Third Party Websites; or
that Third Party Material does not infringe the intellectual property rights of any person.

(d) We are not authorising the reproduction of Third Party Material by linking Material on this Website to Third Party Material.

9 Copyright and Trademarks

(a) All Material on and used on this Website, including all text, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software and scripts, is owned or licensed by us, and is protected by Australian and international copyright laws. The compilation of all content on this site is our exclusive property and protected by Australian and international copyright laws. You may not copy, redistribute or otherwise reuse any of the Material or content of this Website at any time. Except where necessary for and incidental to personally viewing the Material on this Website via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no Material on this Website may be reproduced, stored (for any period of time) in an electronic or other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without our specific written consent.

(b) 'eeeasy', 'so eeeasy', 'so easy', 'eee', 'ee', 'Clive Peeters', 'Clive Peeters so easy', 'Easy beats', 'Easy photos', 'Easy Academy', 'E-Team', 'E-Team technology made easy', 'Allure' and 'Refresh' are all our trade marks and other logos and service names are our trade marks, registered trade marks or trade dress.

(c) All other trade marks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

10. Restrictions on use of the Website

You agree that you will not, (either yourself or through any third party):

(a) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (“Automated Process”) to process, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the Website, without our prior written permission;

(b) use any Automated Process to aggregate or combine information, content or data contained within or accessible through the Website with information, content or data accessible via or sourced from any third party;

(c) use any information on or accessed through the Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain;

(d) use any service, software, process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through it;

(e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website;

(f) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Website; or

(g) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the Website without our prior written permission.

11. Privacy

Your privacy is very important to us. The collection and use by us of information provided by you is subject to our Privacy Policy. Please read our Privacy Policy in full.

12. Liability

(a) Subject to any responsibilities implied by law and which cannot be excluded and any express provision of this agreement otherwise, we (including our directors, employees, agents and contractors) are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the products, service, Material on this Website, to Third Party Material, third party services, or to access of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

(b) All material provided on the Website is provided on an 'as is' basis. We will not be liable for loss resulting from any action or decision by you in reliance on the Material on this Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

(c) You indemnify us in respect of any liability incurred by us for any loss, cost, damage, or expense howsoever caused, or suffered by us as a result of any content or material you post or submit to the Website, or your breach of these Website Terms of Use.

13. Acceptance and Changes to Terms of Use

We may at any time vary the Website Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the products, services or functionality on or of the Website, by publishing the varied Website Terms of Use on the Website. We will indicate on the Website that these Terms of Use have changed, however, we are under no obligation to specifically contact or notify you of any variation to these Terms of Use. You accept that by doing this, we have provided you with sufficient notice of the variation. By using or accessing the Website after any variation, you are taken to have accepted the new Terms of Use.

14. Availability of the Website

(a) As electronic services are subject to interruption or breakdown, access to our Website is offered on an "as is" and "as available" basis only.

(b) We may impose limits or restrictions on the use you may make of our Website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, we may withdraw the Website at any time and without notice to you.

15. General

(a) The law applicable to our Website, these Terms of Use, and to disputes arising out of our Website or these Terms of Use, is the law of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, and appeal therefrom.

(b) Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.

(c) You may not rely on the words or conduct of us as a waiver of any right unless the waiver is in writing. In this paragraph, "conduct" includes delay in the exercise of any right. "Right" means any right that we have arising under or in connection with these Terms of Use or otherwise, and includes the right to rely on this clause. "Waiver" includes an election between rights and remedies, and conduct which might otherwise give rise to an estoppel.