Terms & Conditions

By BattShell Pty Ltd

Welcome to battshell.com

These are the terms and conditions (Terms and Conditions) governing the use of BattShell.com (also referred to as the Site). Please read these Terms and Conditions carefully before using this Site. By using the Site, you agree to the Terms and Conditions.

These Terms and Conditions apply to all Users of the Site unless the Terms and Conditions specify otherwise. The Terms and Conditions published at the time of your use of the Site shall apply to you.

BattShell Pty Ltd reserves all rights to alter these Terms and Conditions as set out below from time to time and at its discretion. Each time you use the Site, you should be aware of our current Terms and Conditions.

To use this Site, you must first read and agree to the Terms and Conditions as set out below. If you do not agree to the Terms and Conditions as set out below, please leave the Site now.

1. INTRODUCTION

1.1 BattShell Pty Ltd (ABN 70 662 641 214) (also referred to as ‘we’ or ‘our’ or ‘us’ 1.2 Definitions: When we refer to ‘us’, or ‘our’ or ‘we’ or similar, we are referring to BattShell Pty Ltd (ABN 70 662 641 214). When we refer to ‘you’ or ‘your’ or similar, we are referring to you as a User of this Site.

Other defined terms and their meanings are:

‘Australian Law’ means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have force of law, to the extent required, but recognising the primacy of Australian Law, the principles of law and equity established by the courts outside Australia;

‘Backorder’ means an order for a Product that is temporarily out of stock.

‘Business Day’ means a day that is not a Saturday, Sunday, public holiday or bank holiday in Melbourne, Australia.

’Cancellation’ BattShell reserves the right to cancel, at any time before acceptance and for whatever reason, an Order that it has received, and deposit paid. Where goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being received, Battshell may reject the order and subsequently contact the customer to confirm the correct description, price or image before proceeding with the order. An order is not accepted by Battshell until it has been processed correctly and where an order is not accepted then any deposit paid will be refunded.

‘Intellectual Property Rights’ means all intellectual property rights and proprietary rights (whether registered or unregistered) including copyright, trademarks, patents, moral rights, and any other intellectual property right recognised by Australian Law, including but not limited to:

(a) graphics programming codes, drawings, computer programs, website

(b) business names, company names, product names.

(c) any right to have information kept confidential.

(d) patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, precedent documents, websites, website designs, website design methodology, domain names, domain registration, source codes, site context and design, program backend, HTML front code, adwords, metatags, traffic details, databases, know-how, logos, designs, design rights and client lists.

(e) phone numbers, fax numbers, email addresses, directory listings; and

(f) Twitter, Facebook, Skype, LinkedIn, Viber, Instagram, and other social media contact points.

‘Loss’ includes loss of money (including profit), goodwill, or reputation, whether such loss be incidental, direct, indirect, special, consequential even if you advise us or we could reasonably foresee the possibility of any such loss or damage occurring.

‘Product’ means a good or service advertised by us on the www.battShell.com website.

‘Site’ means the internet site at the domain battShell.com as configured and described as such by us from time to time or any other internet site operated by us from time to time.

‘Users’ means anyone using the Site for any purpose

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions.

2. ALL USERS

2.1 Before using this Site, you must read and accept these Terms and Conditions and our Privacy Policy. You agree that these Terms and Conditions and the BattShell Pty Ltd Privacy Policy will apply whenever you visit the Site, or when you use the tools we make available to interact with the Site.

Intellectual Property Rights

2.2 The Site is the property of BattShell Pty Ltd and is protected by Australian and international copyright laws and must not be reverse engineered, republished, reproduced, or copied in any way.

3. GENERAL

Currency and Prices

3.1 All transactions are shown Australian dollars (AUD).

3.2 All Our Prices include GST and any other applicable taxes (which will be charged at the current rate as shown on the website). Unless stated on the website, all prices include fitting and balance at the store.

3.3 We reserve the right to correct and or update information without prior notice. However, if the wrong price has been shown on a product you already have ordered, we will contact you and obtain your prior approval before accepting your order and processing your order at the correct price.

3.4 All orders are subject to availability and confirmation of the order price. All images on the Site are for illustrative purposes only and actual products may vary from illustrations.  

You may request amendments to these Terms and Conditions

3.5 Nothing in these Terms and Conditions preclude a User from approaching us and requesting to amend or qualify parts of these Terms and Conditions in their particular case or for a particular transaction. Such requests will be considered by us on a case by case basis and should be sent in writing via mail P.O Box 1315, Paradise Point Qld. 4216 or email to info@battshell.com . These Terms and Conditions will continue to apply to you and your use of the Site, unless qualified or amended in writing signed on behalf of BattShell Pty Ltd and expressly identified as an amendment of these Terms and Conditions.

Governing Law and Jurisdiction

3.6 The agreement formed when you accept these Terms and Conditions is governed by and construed in accordance with the laws of the State of Queensland, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia. Overseas Users

3.7 The Site may be accessed by Users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk. Australian Consumer Law

3.8 To the extent required, the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is imported into these Terms and Conditions.

3.9 To the extent permitted by Australian law, we disclaim all warranties, representations, and conditions, express or implied, with regard to any information, software or Products including but not limited to:

• merchantable quality.
• durability and fitness for a particular purpose.
• legal title; and
• non-infringement of Intellectual Property Rights.

3.10 To the extent permitted by Australian law, Battshell Pty Ltd or its suppliers are not liable for any Loss suffered by a User in respect of Products advertised on the Site. Deposits and Cancellation Policy

3.11 A Deposit can be cancelled by you within the 12-week period however a cancellation fee equal to 10% of the total purchase price is payable. NOTE – if you have placed a ‘special order’ or your cancellation leads to higher expenses, then we reserve the right to charge you a higher fee for cancellation of an order if your cancellation has led to the BattShell incurring higher costs than 10% of the total purchase price.

3.12 You agree that if any dispute arises concerning an order (including any question of identity or authority) our internal records shall be conclusive evidence of what was ordered.

3.13 If after you have ordered the goods to be delivered and we cannot make contact with you for a month or more after the delivery date, you accept that your goods may be forfeited, and you may not be subject to a refund.

Product Damages

3.14 We will not be liable for any product damages unless you notify us with a claim stating full details and description within 10 days of delivery otherwise you are deemed to have accepted the goods. If you have not arranged or selected Insurance for postage we will not be responsible for damage in transit to you. If your claim is accepted by us, we may elect at our option to replace the goods or refund the price of the goods to you.

3.15 We are unable to accept claims or goods that are not in its original condition, are used, are special orders where we have specifically or ordered for you, or goods that are no longer stocked by us.

No Waiver

3.16 Our failure to act or delay in acting in relation to a breach of any of these Terms and Conditions is not a waiver of any of these Terms and Conditions or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.

Risk & Liability

3.17 All reasonable care will be taken while compiling the Site’s content, including advertising content. Nevertheless, we do not warrant or represent that the Site is complete, current, or free from typographical or other errors, or omissions. Information, advertisements, software, and Product descriptions may include inaccuracies.

3.18 We endeavour to provide continual availability of our services and access to the Site. However, access to the Site may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure, or virus-free.

3.19 By reason of occasional technological difficulties, and to the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Site or inability to use the Site even if we have been advised of the possibility of damages. You release BattShell Pty Ltd, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages, and liabilities related to use or inability to use the Site in this regard.  

4. E-Commerce

4.1 By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. All images on the Site are for illustrative purposes only and actual products may vary from illustrations. Despite all reasonable precautions taken by us, goods may be listed in print, on this website or on printed labels at an incorrect price, with an incorrect description or with incorrect information due to a typographical error, a digital error or other oversight. In these circumstances, we are not obliged to provide the goods at the incorrect price, notwithstanding that your order has been confirmed and your credit card charged and reserves the right to cancel the transaction. We reserve this right up until the time of delivery or fitment of the goods. All products shown are subject to supply availability.

4.2 You must be over 18 years of age to order products from the Site and have an acceptable means of payment. When placing an order, you warrant that all details provided are accurate. The price of products may vary, and it is your responsibility to be satisfied with all charges before you confirm payment for any order.

4.3 All purchases are final, but we reserve the right not to accept any order or to cancel an order and refund your payment. Refunds make take up to 7 business days to be completed and will be repaid by the same means as the original purchase sum was paid unless notified otherwise.

4.4 We will take reasonable steps to protect your privacy and the privacy of data which you provide to us. All account information will be encrypted before being transmitted by us. Your use of the Site is governed by the BattShell Privacy Policy (available on the Site for viewing) which includes our use of cookies, our use of your data to notify you of service-related issues, product recalls, future promotions. We may use your personal data to contact you regarding an order, but we do not harvest your data for sale to third parties. We adhere to the requirements of the Privacy Act, the Spam Act, and the Notifiable Data Breach regulations.

4.5 You use the Site at your own risk, and we take no responsibility if your account with us is hacked or compromised due to a failure or absence of anti-virus software or accidental visit to malware sites by you. We regularly update our anti-virus software, and we are secured with industry standard security protection, but we cannot guarantee the security of any online communications.

4.6 You agree to indemnify, defend, and hold harmless BattShell Pty Ltd and its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Site or your breach of these terms.