{"id":795,"date":"2018-05-18T11:41:43","date_gmt":"2018-05-18T11:41:43","guid":{"rendered":"https:\/\/themedemo.commercegurus.com\/shoptimizer\/?page_id=795"},"modified":"2020-11-04T09:13:09","modified_gmt":"2020-11-03T23:13:09","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.avencore.com.au\/terms-and-conditions\/","title":{"rendered":"Terms and conditions"},"content":{"rendered":"\n<p>Avencore is a wholly owned subsidiary of VIDORRA PTY LTD<br>The terms &#8216;We&#8217;, &#8216;Avencore&#8217;, &#8216;the Site&#8217; and &#8216;avencore.com.au&#8217; refer to the brand and trading entity &#8216;Avencore&#8217; and its online services.<br>The term &#8216;the buyer&#8217; or &#8216;the user&#8217; refers to any persons or legal entities interacting with, or purchasing from, the Site in accordance with the below terms.<\/p>\n\n\n\n<h2><strong>General<\/strong><\/h2>\n\n\n\n<p>These terms and conditions contain important information about use of our website, ordering, processing, fulfilment and delivery of goods, plus limitations of liability which may affect the buyer.<\/p>\n\n\n\n<p>Avencore provides the Site as a service for members of the public to access information about products that form a part of our sales catalogue either directly or through third-party resellers.<\/p>\n\n\n\n<p>These Terms and conditions shall supersede any subsequent terms or conditions included by you with any purchase order for Products (including any Products ordered using the Site), whether or not your terms or conditions have previously been acknowledged or accepted by an Avencore representative.<\/p>\n\n\n\n<h2><strong>User Content<\/strong><\/h2>\n\n\n\n<p>The Site may provide you with the ability to upload and publish materials including comments or reviews to or through the Site. Avencore reserves the right to retain, modify or remove any user-generated content without limitation.<\/p>\n\n\n\n<p>Provision of content to the Site assumes agreement that:<\/p>\n\n\n\n<ul><li>You are personally responsible and liable for the content you provide<\/li><li>You are not entitled to any payment or compensation for your content or its use<\/li><li>We are not required to utilise your content<\/li><li>We may use your content for any means, including self-promotion<\/li><\/ul>\n\n\n\n<p>Users to the Site are prohibited from posting through this Site any harmful, vulgar, obscene, profane, sexually explicit, abusive, threatening, privacy invading, libellous, racist, or otherwise objectionable or unlawful content of any kind, or that infringes or may infringe on the intellectual or other rights of another. Avencore assumes no responsibility for any objectionable user content posted in error either by an automated system or human error.<\/p>\n\n\n\n<h2><strong>Disclaimer and Limitation of Liability<\/strong><\/h2>\n\n\n\n<p>This site is provided by Avencore on an as-is basis. Avencore makes no representations or warranties of any kind, express or implied, as to the operation of this site, the information, content, materials or products detailed or included on this site. To the full extent permissible by applicable law, Avencore disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose unless otherwise explicitly claimed. Avencore will not be liable for any damages of any kind arising from the use of this site or the products provided at the buyers request, including but not limited to direct, indirect, incidental, punitive and consequential damages.<\/p>\n\n\n\n<p>Any material downloaded or otherwise obtained through the use of this site is done at the users own discretion and risk. The user will be solely responsible for any damage to a computer system or loss of data that results from the access or download of any such material. No advice or information, whether oral or written, obtained by the user from Avencore or its employees or representatives will create any warranty not expressly provisioned in these terms.<\/p>\n\n\n\n<p>Once goods have been delivered to the buyer, or delivered in accordance with their instructions, the buyer assumes all risks and liabilities in relation to the installation and operation of the goods, in additional to all responsibilities regarding the safety and ownership rights of the goods. Avencore recommends professional tradespeople be engaged at the buyers expense for the correct installation of all goods, especially for the permanent installation of cables and electronic equipment.<\/p>\n\n\n\n<p>Avencore will not be liable for any loss or damage to goods or property resulting from improper installation. All products should be fully tested by the buyer to meet the buyer&#8217;s requirements before installation. Avencore will not be liable for any costs involved in the installation or removal of any goods for any reason including product fault.<\/p>\n\n\n\n<p>In the event of a confirmed product fault covered by warranty, Avencore is liable only for the cost of the faulty goods up to their individually invoiced values. Freight costs are not covered under warranty.<\/p>\n\n\n\n<h2><strong>Force Majeure<\/strong><\/h2>\n\n\n\n<p>Avencore will not be liable for any delay in performing any obligations if such a delay is caused by circumstances beyond our reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal services.<\/p>\n\n\n\n<h2><strong>Severability<\/strong><\/h2>\n\n\n\n<p>If any part of these terms (including the Terms and conditions) are found to be void, invalid, unlawful or unenforceable then that provision or part of the terms will be deemed to be invalid, leaving all other remaining terms in force.<\/p>\n\n\n\n<h2><strong>Waiver<\/strong><\/h2>\n\n\n\n<p>Any failure by Avencore to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by an authorised Avencore representative.<\/p>\n\n\n\n<h2><strong>Jurisdiction<\/strong><\/h2>\n\n\n\n<p>These Terms of Use are governed by the laws in force in Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts in Queensland.<\/p>\n\n\n\n<p>If you access this Site in a jurisdiction other than Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Avencore makes no representations that the content of the Site complies with the laws of any country outside Australia.<\/p>\n\n\n\n<h2><strong>Privacy<\/strong><\/h2>\n\n\n\n<p>You may be asked to input information about yourself on different areas of the Site. If so, we will only use that information in accordance with our <a href=\"https:\/\/www.avencore.com.au\/privacy-policy\/\">Privacy Policy<\/a>.<\/p>\n\n\n\n<h2><strong>Termination<\/strong><\/h2>\n\n\n\n<p>We may terminate your access to the Site (or any part of it) at any time without reason and without notice. These Terms and conditions survive any such termination.<\/p>\n\n\n\n<h2><strong>Our Content<\/strong><\/h2>\n\n\n\n<p>You acknowledge that all materials displayed on the Site, including without limitation, all text, graphics, advertisements, names, logos, trademarks, applications and software (whether registered or not) (Our Content) are our property or the property of their respective owners (including our licensors and other Users) and are protected by copyright, trademark and other intellectual property laws.<\/p>\n\n\n\n<p>You may use Our Content for your personal, non-commercial purposes, including for the purpose of obtaining information about Products using this Site. Except where the law expressly permits, you may not otherwise in any form or by any means, use, reproduce, modify, distribute, post, transmit, distribute, publish or create derivative works from, or use for any commercial purpose, any part of Our Content.<\/p>\n\n\n\n<p>To the extent permitted by law, we make no representations or warranties about the accuracy, completeness, security or currency of Our Content or User Content and have no liability to you for your use or reliance on Our Content or User Content.<\/p>\n\n\n\n<p>Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.<\/p>\n\n\n\n<p>All rights not expressly granted herein are reserved.<\/p>\n\n\n\n<h2><strong>Outbound Links<\/strong><\/h2>\n\n\n\n<p>The Site may contain links to third party websites, including social media sites, which in turn may contain hyperlinks to further third party websites (collectively Linked Sites). Access to Linked Sites is provided for convenience only and you are responsible for evaluating whether you want to use a Linked Site.<\/p>\n\n\n\n<p>You acknowledge that:<\/p>\n\n\n\n<ul><li>When visiting any Linked Sites, you will be subject to their terms of use<\/li><li>Avencore does not control, endorse or assume any liability for the content, features, products or accuracy available on a Linked Site<\/li><li>Avencore is not a party to any relationship you may have or establish with a Linked Site, its owners or subsidiaries<\/li><li>Any rights, claims or actions you may have in respect of a Linked Site may only be brought directly against the owners or operators of the Linked Site<\/li><\/ul>\n\n\n\n<h2><strong>Site Disclaimers<\/strong><\/h2>\n\n\n\n<p>Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL). If you have rights under the ACL in respect of the Site, including rights arising from any statutory guarantee, nothing in these Terms and conditions operates to exclude them. Subject to the preceding sentence, you acknowledge that your use of the Site, Our Content, Your Content, User Content and Linked Sites, is entirely at your own risk and are provided without warranty, either express or implied.<\/p>\n\n\n\n<p>We do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Site. Although reasonable precautions have been taken, we do not guarantee that access to the Site will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Site.<\/p>\n\n\n\n<h2><strong>Trademarks<\/strong><\/h2>\n\n\n\n<p>The Avencore logo, including all related icons and artworks are properties of Vidorra Pty Ltd. All other marks, names, and logos represented herein are the property of their respective owners.<\/p>\n\n\n\n<p>HDMI and the HDMI logo are registered trademarks of HDMI Licensing, LLC. DisplayPort and the DisplayPort logo are trademarks owned by the Video Electronics Standards Association (VESA). USB, The USB Trident, USB Type-C and USB-C are registered trademarks of USB Implementers Forum. SONY, the Sony logo, the PS logo and the PS4 logo are trademarks or registered trademarks of Sony Corporation. SAMSUNG and the Samsung logo are registered trademarks of Samsung Electronics. LG and the LG logo are registered trademarks of LG Corporation. The Xbox logo and X motif are registered trademarks of Microsoft Corporation. Other brands and product names are trademarks or registered trademarks of their respective holders.<\/p>\n\n\n\n<p>Use of trademarks on the Site or marketing materials are for advice only, and do not constitute endorsement or compatibility unless otherwise expressly stated.<\/p>\n\n\n\n<h2><strong>Accuracy<\/strong><\/h2>\n\n\n\n<p>The Site contains information, advice, text, and other materials that are provided for the users convenience and enjoyment. Users should be aware that the information herein may contain errors, omissions, inaccuracies, or outdated information. Avencore makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information and shall not be liable for any lack of the foregoing.<\/p>\n\n\n\n<p>Data relating to the specifications of a product may change at any time. Weights, Dimensions, Capacities and version information are approximate. Cosmetic physical properties of products may vary or change at any time.<\/p>\n\n\n\n<p>Avencore endeavours to ensure all information is present and correct to assist the user with making an informed purchasing decision, but it is the responsibility of the user to ensure that their purchases are fit for purpose and compatible with any relevant existing hardware. Failure of the user to verify a products compatibility with the users express requirements before purchase does not constitute a product defect and is not covered under warranty.<\/p>\n\n\n\n<h2><strong>Photography<\/strong><\/h2>\n\n\n\n<p>All product images provided on the Site are for illustrative purposes only any may not accurately represent actual stock.<\/p>\n\n\n\n<p>Avencore maintains a strong emphasis on accurate representation of all its products. However, changes to colours, materials, design and styling may occur at any time and\/or outside of our control. Avencore does not guarantee that all products will exactly match their photograph for the purposes of colour, materials, design or styling, but maintain that they will be fit for purpose at all times and meet or exceed their listed technical specifications.<\/p>\n\n\n\n<p>At no time will a difference in colour, material, styling or design which does not impact the fitness for use of the product be accepted as grounds for a product return or refund.<\/p>\n\n\n\n<h2><strong>Order Policy<\/strong><\/h2>\n\n\n\n<p>The following terms and conditions pertain to orders made via www.avencore.com.au. Any orders made outside of the Site will not be recognised by Avencore and claims against them will not be acknowledged. Please be wary of phishing scams and &#8216;copy-cat&#8217; retailers who may masquerade as Avencore, a subsidiary of Avencore, or represent themselves in such a manner as to confuse themselves with our branding, website or products.<\/p>\n\n\n\n<h3>Purchase Agreement<\/h3>\n\n\n\n<p>By placing an order, the buyer agrees to these Terms and conditions, which constitutes a legally binding agreement for the supply of goods. The buyer must:<\/p>\n\n\n\n<ul><li>be of legal age (18+) to enter into such an agreement<\/li><li>provide all the necessary details for order fulfilment<\/li><li>provide proof of identity if requested<\/li><\/ul>\n\n\n\n<p>Avencore is not liable for any costs or damages incurred as a result (direct or indirect) of the buyer not complying with these requirements.<\/p>\n\n\n\n<h3>Discretion of Rejection<\/h3>\n\n\n\n<p>The buyer&#8217;s receipt of an electronic or other form of order confirmation does not signify acceptance of an order, nor does it constitute confirmation of an offer to sell. Avencore reserves the right at any time after receipt of an order to decline that order for any reason. We may require additional verification or information before accepting any order. If such data is not adequately provided, the order may be cancelled.<\/p>\n\n\n\n<p>A legally binding contract is formed between Avencore and the buyer only once the goods have been dispatched. Prior to dispatch, all goods remain the property of Avencore.<\/p>\n\n\n\n<h3>Availability and Fulfilment<\/h3>\n\n\n\n<p>Avencore assumes no responsibility for damages or losses caused by failure to process or despatch an order due to a shortage of stock. In the event of a short-supply, the buyer will be contacted and any relevant funds will be reimbursed in accordance with any balance in credit remaining after part-fulfilment or cancellation (at the buyers request).<\/p>\n\n\n\n<h3>Delivery<\/h3>\n\n\n\n<p>Avencore reserves the right to ship goods by the most economical means available in accordance with the shipping method paid for by the buyer. This may include alternate carrier services or multiple instalments. If an order is shipped in separate consignments or multiple instalments and a part of that order fails to be delivered, the buyer is not entitled to a cancellation of their purchasing contract. Lost or misdirected partial shipments will be replaced only after suitable time is given for Avencore and\/or its freight partners to complete an investigation.<\/p>\n\n\n\n<p>Avencore will not be liable for any losses due to incorrect information supplied to us by a buyer, or for any losses incurred after delivery confirmation. Buyers assume complete responsibility in cases where they stipulate non-standard delivery requirements or authorise the circumvention of any signature on delivery services.<\/p>\n\n\n\n<h3>Tax<\/h3>\n\n\n\n<p>Avencore is required by law to collect 10% goods and service tax (GST) on behalf of the Australian Taxation Office. All of the prices listed online for goods and services (including shipping) are inclusive of GST.<\/p>\n\n\n\n<h3>Warranties and Returns<\/h3>\n\n\n\n<p>All warranties are on a Return To Base condition, requiring goods under warranty to be sent back to Avencore for replacement or refund. Avencore is not liable for the postage, freight or shipping costs involved with returning goods under warranty.<\/p>\n\n\n\n<p>Warranty coverage periods are specified on a per-product basis. Consult the individual product pages or their documentation for information on applicable warranty periods. Warranties cover workmanship and defects that affect the suitability of a product for its intended use.<\/p>\n\n\n\n<p>Excepting failures which constitute a major failure under the guarantees provisioned by Australian Consumer Law, Avencore will opt to replace a product under warranty.<\/p>\n\n\n\n<p>The warranty period begins from the date of invoice. Should a warranty claim be raised and fulfilled on an item, its warranty period will not be reset or extended, but will continue from the original invoice date.<\/p>\n\n\n\n<p>Avencore reserves the right to verify the validity of claims. Claims made in bad faith or without the provision of or opportunity to recover suitable evidence may be rejected. Avencore reserves the right to issue a refund and void a purchasing contract and its associated warranties at its sole discretion.<br><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Avencore is a wholly owned subsidiary of VIDORRA PTY LTDThe terms &#8216;We&#8217;, &#8216;Avencore&#8217;, &#8216;the Site&#8217; and &#8216;avencore.com.au&#8217; refer to the brand and trading entity &#8216;Avencore&#8217; and its online services.The term &#8216;the buyer&#8217; or &#8216;the user&#8217; refers to any persons or legal entities interacting with, or purchasing from, the Site in accordance with the below terms. 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