Terms & Conditions

Terms of Use

1. About this Website

  1. This website is published by Quick Smart Computer ABN 19 360 687 807 (“Publisher”).
  2. Your use of quicksmartcomputers.com.au (“websites”) is subject to these terms of use (“Terms of Use”). If you do not accept these Terms of Use, you must refrain from using this website or making a purchase from the website.

2. About Quick Smart Computers

  1. Michael Peter Newton ABN 19 360 687 807 (trading as Quick Smart Computers) of 167 Surf Parade Broadbeach QLD (“Quick Smart Computers”), carries on business from the website.
  2. The goods and services described in this website are available from Quick Smart Computers website only (unless the goods or services are specified as “available in store only”), and will be available for you to make an offer to Quick Smart Computers via the website to purchase at the specified, or until otherwise removed from the website or as specified, and where Quick Smart Computers accepts your offer, Quick Smart Computers will sell the goods or services to you in accordance with the Term and Conditions of Sale and any Catalogue Terms.

3. Website Information

  1. Photographs and / or Images are for illustrative purposes only and may vary from goods depicted or described.
  2. International visitors to this website should not rely on information contained in this website, including without limitation specifications or pricing. International orders are unable to be accepted.

4. Website Content

  1. The Publisher may, at any time, add or remove content from this website without notice.
  2. Any articles, information or content published on this website must be read subject to these Terms of Use.
  3. Although the Publisher uses its best endeavours to confirm the accuracy of any information published on this website, you agree that the Publisher cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to the Publisher or by manufacturers or suppliers changing product specifications without notice to Quick Smart Computers or the Publisher. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
  4. The information, materials and services in this website is provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
  5. This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, the Publisher does not in any way represent that the Publisher recommends or endorses the relevant advertiser, its products or services.
  6. The Publisher nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold the Publisher liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
  7. Quick Smart Computers may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. The Publisher does not accept any responsibility in connection with your participation in activities conducted by any other party.

5. Your Use of the Website

  1. You agree to use this website only for purposes that are permitted by these Terms of Use, any applicable law or regulation and/or generally accepted practices or guidelines.
  2. You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
  3. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
  4. The Publisher may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.
  5. The Publisher may in its sole discretion restrict your access to this website. If the Publisher does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. The Publisher will not be liable to you or any third party for doing so.
  6. As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.
  7. The Publisher may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms of use, the Publisher may withdraw this website, or change or remove website functionality at any time without notice to you.

6. Links to Other Websites

  1. This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under the Publisher’s control and the Publisher is not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. The Publisher provides these links to you for convenience only and the inclusion of any link does not imply the Publisher’s endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, the Publisher disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.
  2. The Publisher reserves the right to prevent third parties from linking to this website.

7. Secure Data and Transmissions

  1. Given the nature of the internet, the Publisher cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and the Publisher does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst the Publisher and its third parties take precautions to protect information, the Publisher does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once the Publisher or its third party receives your transmission, the Publisher and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact our office immediately on 07 55701750.
  2. You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither the Publisher nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.

8. Cookies

  1. Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).

9. Use of Your Information and Material

  1. The Publisher appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of the Publisher. The Publisher may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

10. Privacy Policy

  1. The Publisher’s Privacy Policy available on this website explains how your personal information is collected and managed.

11. Disclaimer

  1. Quick Smart Computers and the Publisher make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
  2. Quick Smart Computers and the Publisher do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, Quick Smart Computers and the Publisher disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
  3. The use of the information on this website is at your own risk. To the extent permitted by law, Quick Smart Computers and the Publisher exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, Quick Smart Computers and the Publisher limit their liability to the re-supply of the relevant information or services.
  4. You agree to indemnify Quick Smart Computers and the Publisher and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

12. General

  1. These Terms of Use may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of these Terms of Use will represent an agreement by you to be bound by the Terms of Use as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms of Use will survive. Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

Terms and Conditions of Sale

1. About Quick Smart Computers

  1. Your purchase of goods from quicksmartcomputers.com.au (“websites”) is subject to these Terms and Conditions of Sale (“Terms”), and the terms of use. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.
  2. Michael Peter Newton ABN 19 360 687 807 (trading as Quick Smart Computers) of 167 Surf Parade Broadbeach Queensland (“us”, “our”, “we”, “Quick Smart Computers”), carries on business from the website.
  3. The goods and services described in this website are available from Quick Smart Computers website only (unless the goods or services are specified as “available in store only”), and will be available for you to make an offer to Quick Smart Computers via the website to purchase at the specified price on or before the end date specified in a current catalogue, or until otherwise removed from the website or as specified, and where Quick Smart Computers accepts your offer, Quick Smart Computers will sell the goods or services to you in accordance with these Terms .
  4.  You and Quick Smart Computers may enter into a sale contract for the sale and supply of products, by you making an offer to Quick Smart Computers via the website, to purchase goods at the specified price, subject to
  5. In these terms:
    1. “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
    2. a reference to a “third party” in these terms includes a reference to any agent or contractor of Quick Smart Computers, Quick Smart Computers, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them.
    3. a reference to the “websites” means quicksmartcomputers.com.au.
    4. “Order” means an offer made by you in response to an invitation to treat made by Quick Smart Computers via the website.

2. User Agreement

  1. By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
  2. These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

3. Guests and Registered Users

  1. You may access and/or use the website as a guest or as a member.
  2. To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our office on 07 55701750
  3.  You will receive an email from us as soon as practicable after you create your membership account.
  4. We only permit one registration per email address.
  5. You must not use another members’ account without permission.
  6. You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
  7.  If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact our office on 07 55701750
  8. We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.

4. Legal Capacity

  1. You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
  2. Any Order and/or purchase made by you using this website is an acknowledgement by you that you:
    1. are over the age of eighteen (18) years;
    2. accept these terms;
    3. agree that you have entered into a legal contract with Quick Smart Computers in relation to these terms; and
    4. these terms, together with your order, constitute the entire agreement between you and Quick Smart Computers for the supply of products.
  3. Quick Smart Computers reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Quick Smart Computers may suffer as a result of a transaction entered into by a minor.

5. Orders

  1. Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
  2. You and Quick Smart Computers may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
    1. placing an electronic Order for the products using the website;
    2. you confirming the Order details in accordance with the procedure on the website;
    3. you making payment in full (plus any applicable delivery charges) on the website; and
    4. the acceptance of that offer by Quick Smart Computers.
  3. When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
    1. any requirements set out in these terms have been met;
    2. the electronic instruction containing the offer from you enters and is recorded in our database;
    3. a record is created and stored in our database; and
    4. Quick Smart Computers receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
  4. You acknowledge that:
    1. the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Quick Smart Computers for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
    2. to the extent permitted by law, Quick Smart Computers is 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;
    3. Quick Smart Computers may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
    4. Quick Smart Computers may treat an electronic instruction as authentic and is 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.
  5. You will receive an email from Quick Smart Computers as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the office on 07 55701750
  6. If your Order is not accepted by Quick Smart Computers, Quick Smart Computers will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
  7. Quick Smart Computers may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
  8. Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Quick Smart Computers cannot supply a particular product, Quick Smart Computers will notify you by telephone or email as soon as possible.
  9. Quick Smart Computers will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.

6. Price

  1. Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
  2. Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Quick Smart Computers.
  3. Images of products shown without any advertised price beside that image are not offered for sale.
  4. Unless otherwise stated, any accessories shown in any image of products are not included in the price.
  5.  We reserve the right to correct any errors published on the website.

7. Payment

  1. All payments must be made in full prior to delivery.
  2. Payments must be made via the Direct deposit or secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

8. Supply and Delivery

  1. Subject to you complying with these Terms and acceptance of your Order by Quick Smart Computers, Quick Smart Computers will sell and supply the products to you as shown on your Order confirmation.
  2. Products may not be available for immediate delivery. Quick Smart Computers will endeavour to deliver your Order to you within ten (10) days of the date you placed your Order.
  3. When you complete your Order you may be prompted to select whether you wish to collect your Order from  Quick Smart Computers Store or to have the Order delivered to an address specified by you.
  4. If Quick Smart Computers gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Quick Smart Computers will arrange for a full refund of any payment made by you to be processed.
  5. Delivery times may be greater than 10 business days for regional or remote areas.

 

9. Delivery by Post or Carrier

  1. The terms of this clause apply where you select to have your goods delivered to a specified address.
  2. The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
  3. On acceptance of your Order by Quick Smart Computers, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order.
  4. If you Order large or bulky items, Quick Smart Computers will contact you by telephone or email to arrange with you a suitable time for delivery.
  5. You will be required to be available in person to accept delivery of your Order.
  6. If you wish to change the delivery date or delivery address you must contact the office on 07 55701750 at least 48 hours prior to the dispatch of your Order.
  7. Quick Smart Computers will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Quick Smart Computers does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
  8. You must advise at the time you place your Order via the website or later when you discuss delivery with Quick Smart Computers, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor 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.
  9. Quick Smart Computers cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

10. Orders for Collection at a Quick Smart Computers Store

  1. The terms of this clause apply where you select to collect your Order from a Quick Smart Computers Store.
  2. If you select to collect your goods from a Quick Smart Computers Store, a representative of the store will contact you by telephone or email to notify you when the Order is available for collection.
  3. Orders for collection at a Quick Smart Computers Store must be collected within 21 days of the store giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, the relevant Quick Smart Computers Store has the right to allocate those goods to another customer and reorder the goods for you.
  4. When picking up your items, you are required to supply a copy of your order, photo ID and credit card used to make the purchase. (If you pay via PayPal, your credit card is not required).

11. Title and risk in goods

Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

12. PayPal and credit card fraud

  1. The website employs the latest insecure payment gateways to secure our payment systems.
  2. To the extent permitted by law, Quick Smart Computers will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

13. Disclaimer and Indemnity

  1. To the extent permitted by law, Quick Smart Computers exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
    1. errors, mistakes or inaccuracies on the website;
    2. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
    3. personal injury or property damage of any kind resulting from your access or use of the website;
    4. any unauthorised access to or use of the websites secure servers;
    5. any interruption or cessation of transmission to or from the website;
    6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
    7. the quality or fitness for any purpose of any linked sites.
  2. Except as expressly provided in these terms, and to the fullest extent allowed by the law, Quick Smart Computers and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
  3. You will at all times indemnify, and keep indemnified, Quick Smart Computers, including their proprietors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
  4. This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

 

14. Order Enquiries

If you have any query about the progress of your Order please contact the office on 07 55701750. Please have your Order number handy as shown on the email confirmation.

15. Damaged or Faulty Products and Refund Policy

  1. If any product ordered by you arrives damaged or is not of acceptable quality you may have:
    1. rights under the Refund Policy;
    2. legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
    3. to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
  2. Please choose carefully as Quick Smart Computers will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.
  3. If your Order arrives damaged, please contact the office on 07 55701750
  4. You may request Quick Smart Computers to remove your personal information from its database by emailing the office
  5. For further details about Quick Smart Computers’s privacy practices please view the Privacy Policy on this website. Should you have any questions concerning your privacy, please contact our office

16. Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Quick Smart Computers.

17. Transfer and Assignment

If Quick Smart Computers merges, sells or otherwise change control of its business or this website to a third-party, Quick Smart Computers reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Quick Smart Computers has collected from you and any agreements it has made with you.

18. Waiver

The failure by Quick Smart Computers 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 Quick Smart Computers

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