Terms and Conditions

Contents

  1. Introduction
  2. Ordering & Delivery Policy
  3. Warranty Policy and Returns Policy
  4. Privacy Policy
  5. Website Use Policy
  6. Product Information and other Content
  7. Pricing and GST
  8. Price Matching
  9. Intellectual Property
  10. Disclaimer and Limitation of Liability
  11. Governing Law
  12. General
  13. Version

Introduction

Your access to and use of www.allthingsrc.com.au (the Website) and the purchase of any product offered on the Website or through any other form of marketing, such as a flyer, catalogue, www.ebay.com.au (eBay) or www.gumtree.com.au (Gumtree) are subject to the following terms and conditions (Terms).  All Things RC ABN 43 983 218 303 (‘we’, ‘us’ or ‘our’) request that you read these Terms prior to using the Website or placing an order with us.  We reserve the right to update the Terms at any time without prior notice.  Any amendments to the Terms will be posted on the Website.  The Terms cannot be varied unless we agree to vary it in writing.

Your use of the Website and/or the placement of an order through the Website or by other means, will be taken to constitute your acceptance of, and agreement to be bound by, the Terms in force at the relevant date.

Where ‘business day’ is referred to in the Terms it is reference to any Monday, Tuesday, Wednesday, Thursday or Friday that is not a public holiday in New South Wales, Australia and where we have not expressly noted on the Website that we will be closed for trading on that day.

Ordering and Delivery Policy

The Ordering and Delivery Policy can be viewed at www.allthingsrc.com.au/ordering-and-delivery-terms andforms one part of the All Things RC Terms and Conditions and may be amended at any time without prior notice.

Warranty & Returns Policies

The Warranty Policy and Returns Policy can be viewed at www.allthingsrc.com.au/warranty-and-returns and forms one part of the All Things RC Terms and Conditions and may be amended at any time without prior notice.

Privacy Policy

The Privacy Policy can be viewed at www.allthingsrc.com.au/privacy-policy and forms one part of the All Things RC Terms and Conditions and may be amended at any time without prior notice.

Website Use Policy

Website Usage

This Website Use Policy forms one part of the All Things RC Terms and Conditions and may be amended at any time without prior notice.  Such changes shall take effect in respect of all subsequent uses of the Website and orders placed with us – you should check the Website for changes to this Policy each time before you use the Website or place an order, and proceed only if you accept the terms.

Any reference in this Website Use Policy to ‘our’, ‘us’ and ‘we’ refers to All Things RC ABN 43 983 218 303, and ‘the Website’ refers to www.allthingsrc.com.au.

You agree to use the Website only for purposes that are permitted by these Terms, any applicable law or regulation.

You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.  You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content.

You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.  We may restrict or stop (temporarily or permanently) providing access to the Website to you or anyone else at our discretion and without prior notice. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account.  We will not be liable to you or any third party for doing so.

The Website may contain links to third party websites not under our operation or control.  Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered on those sites.

We may impose limits or restrictions on the use you may make of the Website.  Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms, we may withdraw the Website, or change or remove website functionality at any time without notice to you.

Websites and back-end systems are subject to interruption or breakdown, as such, access to the Website is offered on an "as is" and "as available" basis only.

We do not sell to children.  If you are under 18, you may use the Website only with involvement and supervision of a parent or guardian.  We assume that anyone using this site is either over the age of 18 years or is using it with the involvement, permission and supervision of a parent or guardian.  All Things RC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion and without prior notice.  We will not be liable to you or any third party for doing so.

Reviews, Comments, Communications and Other Submitted Content

We encourage you to post reviews and other content, such as, suggestions, ideas, comments or questions (because it helps other customers make purchase decisions and assists us to improve our services).  However, such posts must not contain content is illegal, obscene, threatening, defamatory, an invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning or commercial solicitation.  You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of content.  We reserve the right, but are not obliged, to remove or edit such content.  We will not be liable to you or any third party for doing so.

If you post content or submit material, and unless we indicate otherwise, you grant All things RC and its affiliates 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.  You grant All Things RC and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if we choose.

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; that use of the content you supply does not violate this Policy and will not cause injury to any person or entity; and that you will indemnify All Things RC or its affiliates for all claims resulting from content you supply.  All Things RC has the right, but are not obliged, to monitor and edit or remove any activity or content.  All Things RC takes no responsibility and assumes no liability for any content posted by you or any third party.  Please see our Privacy Policy for information on how we may use and disclose your personal and other information supplied by you to us.

Exclusion of Competitors

If you are in the business of importing, selling or supplying remote control or other unmanned hobby or toy products then you are a competitor of All Things RC.  We expressly exclude and do not permit you to use or access the Website, to download any documents or information from the Website or obtain any such documents or information through a third party.  If you breach this term then we will hold you fully responsible for any loss that we may sustain and we will hold you accountable for all income or profits that you might make from such unpermitted and improper use.  We reserve the right to exclude and not permit any person from using the Website or any of the documents, images and information contained on it.

Your Account

If you use the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account.

Contacting Us

Email: sales@allthingsrc.com.au
Phone: 1300 2872 00 (Monday to Saturday 9am to 5pm)

Product Information and Other Content

We endeavour to make sure all information on the Website and other marketing material such as flyers, catalogues, on eBay or on Gumtree, is correct.  However, from time-to-time errors do occur.  We also aim to ensure that the products are accurately depicted in images displayed on the Website and other material, but we note that product images are provided for illustrative purposes only and may vary from the actual Goods.  Reasons for such variation include:

  • Images are not available for a particular colour or variation of a product.  In which case, we will place a note in the image advising of this.
  • Most Products require some level of assembly or customisation of paint and stickers, which leaves you to decide on the final look of your Product.  Your skill level and effort put into assembly will also determine the quality of your finished Product.
  • The manufacturer may have altered product components, descriptions or specifications without sufficient notice to distributors and/or suppliers.  We cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us by manufacturers (or Australian distributors) or where product information has changed without reasonable notice to us).
  • Image resolution.
  • Individual computer settings.
  • Inadvertent error.

We reserve the right to correct any erroneous information as soon as it becomes evident to us.  The offer to trade is a two-way agreement and both parties have to be satisfied to finalise the sale.  We do not warrant or make any representations regarding the use or the result of the use of any document, link or information on the Website (or any other material) or as to their correctness, suitability, accuracy, reliability, or otherwise.  You agree to make your own enquiries to verify information and images provided and to assess the suitability of products before you place an order.

Please contact us in writing or by email to report any error or omission in any information or other material provided by us.

Pricing and GST

All prices are in Australian Dollars (AUD) and include Goods and Services Tax (GST).

Prices shown are for the specified Products or Services only and do not include shipping and handling costs, payment method surcharges or other incidental costs.

You will be charged the price displayed on the Website, or other marketing material, at the time that you place your order, subject to the product being available at that time and there is no error with the displayed price. If an error occurs, we reserve the right to cancel and refund your order.

We may change or correct prices for goods and services without prior notice at any time.  If we are unable to supply ordered Products or Services for any reason, such as an out-of-stock item was incorrectly shown in our system as available, we may not be able to offer you the Products or Service at the same price in the future if it becomes available.

If you have a question about a price, please do not hesitate to contact us via phone, email or the Contact Us page on the Website.

Price Matching

We do not price match, however you may propose an alternative price for products using the ‘Make an Offer’ button on the Website (this option is not available for all products).  The decision to accept, counter or decline your offer and to select which products to apply this option is at our sole discretion and we may do so at any time without notice or explanation.  We encourage you to provide as much information as possible to support your offer, which may include providing details of where you have seen the item at a cheaper price, what the cheaper price is and whether the cheaper option is in Australia and in stock.  We will generally respond to offers made under our ‘Make an Offer’ program within 2 business days.

Intellectual Property

All material on the Website including graphics, photographs, logos (whether or not registered), trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings, domain and all software relating to the Website is our exclusive property (or in some cases, the exclusive property of a third party) and are protected by Australian and international copyright laws.  You are permitted to use Website material only for your own private, personal and non-commercial use.  You must not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify, or sell any material contained on the Website.

You may not modify or copy the layout, appearance or metadata of the Website nor any computer software or code contained in the Website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

Nothing contained on the Website is to be interpreted as a recommendation to use any information in a manner which infringes the intellectual property rights of any person.  We make no representations or warranties that your use of the information on the Website will not infringe such intellectual property rights.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.  This may include, but is not limited to, publishing testimonials and reviews on the Website, or other marketing material, and developing your ideas and suggestions for improved products and services.

Disclaimer and Limitation of Liability

All Things RC makes no representations or warranties of any kind, express or implied, in relation to your use of the Website (or inability to use the Website), that it will be free from viruses, and for any material on the Website (including graphics, photographs, logos (whether or not registered), trademarks, distinctive brand features, design, text, icons, sound recordings) or to its completeness, accuracy, timeliness, merchantability or fitness for purpose, availability, functionality or performance, except as otherwise provided under any applicable law.  Your use of the Website is at your own risk.

We nor any third party will be liable for any loss or damage, howsoever caused in connection with your use of the Website, for any errors in Website material, or for any actions you take in reliance on Website material.  You nor any other person may hold us liable for any delays, inaccuracies, errors or omissions in respect of Website material, the transmission or delivery of such material or any loss or damage arising from any of them.  If any liability is not able to be excluded by law we limit our liability to the re-supply of the relevant information, products or services.

You agree to indemnify All Things RC and other persons involved in the creation of the Website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of the Website, any information that you provide via the Website or any damage that you may cause to the Website.  This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Governing Law

These Terms are governed by the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

If any provision of these Terms is deemed to be invalid or for any reason unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.  If you access the Website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.  We make no representations that the content of the Website complies with the laws of any country outside Australia.

General

We reserve the right to refuse or terminate access, disable accounts or void any order or other transaction with us at our sole discretion any time without prior notice.  Where your access to the Website is refused or terminated, all disclaimers and limitations of liability set out in these Terms will survive.  Reference to the Website includes the whole or any part of the web pages located on the Website (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

Contacting Us

Email: sales@allthingsrc.com.au
Phone: 1300 2872 00 (Monday to Saturday 9am to 5pm)

Version

This is version 2.0 of the All Things RC Terms and Conditions dated October 2016.