Terms and Conditions

This agreement is a contract between the customer (you) and The It Kit ACN 152 189 458, PO Box 8119 Armadale, Victoria 3143 ( It Kit). These terms and conditions (Terms and Conditions) as amended from time to time, apply to the ordering, purchase, fulfilment and delivery of goods from www.theitkit.com.au (the website).

Please read these Terms and Conditions before using our service and website. If you do not understand these Terms and Conditions or you need more assistance you can always contact our team as set out in the 'Order & Contact' page of the website between 8am - 6pm AEST Monday to Friday (excluding public holidays), or email info@theitkit.com.au.

1. Agreement as to Terms and Conditions
1. By placing an order you agree to be bound by these Terms and Conditions. Each order you place will represent a separate and binding agreement between you and It Kit.
2. These Terms and Conditions are subject to change from time to time without notice and It Kit reserves the right to change the Terms and Conditions at any time without notice. Each order will be governed by the Terms and Conditions in force upon the date of the transaction. 
   
   
2. Capacity to contract
1. Orders can only be placed with It Kit by persons with capacity to contract and who have established an account with It Kit, through this website.
2. By registering as an account holder, and placing an order for the supply of products, through this website, you represent and warrant that you are at least 18 years of age.
3. You agree to provide accurate and complete information about yourself as requested in any order or account registration form. You further agree that if It Kit reasonably suspects that any information provided by you is inaccurate or incorrect, It Kit may suspend or terminate your account. 
   
   
3. Non-commercial use
1. This website is designed to provide general information about It Kit and its products, and to offer the opportunity for users to purchase those products. The website is for personal, non-commercial use only.
2. You may not make any modifications, copy, distribute, transmit display, perform, reproduce, publish commercially exploit any content displayed on, or embedded in, this website. 
   
   
4. Prices and Payment
1. In respect of any order made by you, we will charge you, and you agree to pay, the purchase price and the delivery fee. You authorise It Kit to charge all fees incurred by you, in relation to your order, to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay It Kit all amounts due on demand.
2. All prices displayed on the website or quoted by an authorised representative of It Kit are in Australian Dollars and are inclusive of GST.
3. Any quotations provided to buyers will remain valid for a period of 14 days from the date when the quotation was given or such other period as nominated by It Kit in the quotation.
4. Full payment for products must be made at the time of purchase, unless otherwise agreed between you and It Kit. It Kit is under no obligation to procure delivery of any products until payment for those products has been received.
5. It Kit will use reasonable endeavours to ensure that it holds sufficient stocks necessary to satisfy orders, but you acknowledge and agree that It Kit does not guarantee that it will have stocks, or sufficient stocks, to satisfy all orders. In the event of the requested products being unavailable, It Kit will offer a similar alternative or provide you with store credit for the value of the item. To the extent permitted by law, cash refunds will not be given.
6. It Kit accepts payment by way of Visa, and Mastercard. 
   
   
5. Orders
1. All orders placed are an offer of purchase and are subject to acceptance by It Kit. It Kit reserves its absolute right to refuse an offer for any reason.
2. Orders can be made online 7 days a week, 24 hours a day. 
   
   
6. Delivery
1. It Kit delivers within Australia to all major capital cities and towns and outside Australia by agreement only.
2. An authorised It Kit representative will endeavour to provide you with a delivery estimate at the time an order is placed and payment is received in full. The estimated time of delivery will depend on where your order is being delivered to and the volume of the order.
3. It Kit aims to deliver goods within 1-5 business days but express delivery may be requested by email or telephone by the Purchaser at the Purchaser's expense.
4. Whilst It Kit shall use all reasonable endeavours to meet the delivery date on the nominated day, you agree that It Kit is not and will not be liable for any loss or damage, howsoever it arises, if the products are not delivered by the estimated time for delivery.
5. You, or your authorised representative, must be available to collect the product at the estimated time for delivery and location. If you are not available at the delivery time and location, It Kit reserves the right to charge an additional delivery fee.
6. A non-refundable delivery fee of A$12.95 is charged to you for each order.
7. It is your responsibility to ensure correct delivery address details are provided to It Kit, where delivery is made to an incorrect address, an additional delivery fee of A$12.95 will be charged to you for re-delivery to the correct address.
8. Deliveries will be made only on a Business Day. 
   
   
7. Title and Risk
1. Title and risk to the products offered for sale, and purchased by you, will pass to you upon payment being received by It Kit. 
   
   
8. Refunds, cancellations and Returns
1. Please order carefully. It Kit only offers exchanges on products that were, for whatever reason, incorrectly ordered, in its absolute discretion.
2. It Kit will not accept cancellations of orders.
3. Should you receive a damaged or incorrect item in your order please contact It Kit within 5 business days of delivery. It Kit will assess the item and if deemed damaged on arrival or faulty, will provide a replacement where possible or exchange for store credit.  If It Kit decides that the product was not damaged on arrival or faulty and it is not covered by a manufacturer's warranty, a replacement or exchange for store credit may not be offered.  
4. Under no circumstances will It Kit give cash refunds. At no time can store credit be exchanged for cash. 
   
   
9. Liability
1. This website is created and controlled in Victoria, Australia by It Kit Pty Ltd ACN 152 189 458 (It Kit).You agree that your access to, and use of, this website is subject to these Terms and Conditions and is at your own risk.
2. The website and its content are provided entirely “as is”. Although It Kit aims to ensure the content on this website is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. It Kit may change the content on this website at any time without notice.  Also, as the internet is inherently insecure, we can’t guarantee the security of data contained on the website.
3. You acknowledge that the internet is an unsecured public network, and that, in transacting with It Kit via the website, you will be providing information across such network. It Kit will use reasonable endeavours to protect the security of information transmitted by you and/or to you, but such information may be inadvertently displayed, intercepted, corrupted or modified by third parties, and  files obtained through or from this website may contain computer viruses or other harmful code or defects. By using this website and, providing and receiving such information, you agree to accept such risks, and any losses or damages caused by them.
4. To the extent permitted by law, and subject to the following paragraphs, It Kit and its affiliates, directors, officers, employees, agents, contractors, successors or assigns, will not be liable for damages of any kind, including without limitation any compensatory, incidental, direct, indirect, special punitive or consequential damages, loss of use, loss of data, loss of income or profit, loss of damage to property, claims of third parties or other losses of any kind, arising out of or in connection with the products displayed on the website, the use of this website or any website with which it is linked.
5. To the maximum extent permitted by law, It Kit provides no warranties on any products or services offered.
6. Product warranties are provided by the manufacturer or supplier of the products. If an item malfunctions and is under warranty, you should contact the manufacturer or supplier and the manufacturer or supplier can assess and provide repair/replacement as per the conditions of the warranty.
7. Nothing in the previous paragraph restricts, modifies or excludes any condition or warranty implied into these Terms and Conditions, or any liability imposed upon It Kit, by any Australian law (including without limitation, the Competition and Consumer Act 2010 (Cth)) if to do so would contravene that law, or make any part of these Terms and Conditions void. To the extent permitted by such laws, where It Kit is in breach of any conditions or warranties implied by law, its liability for such breach is limited, at It Kit's option to:
1. the replacement of the goods or products that are the subject of that breach; or
2. the payment to you of the purchase price paid by you to It Kit for those goods or products.
8. It Kit reserves the right to seek all remedies available at law or in equity for any breaches of these Terms and Conditions by you, and may suspend your account, or  block access from a particular internet address to this site. It Kit's failure to exercise or enforce any one or more of these rights under these Terms and Conditions will not constitute a waiver of such rights. 
   
   
10. Intellectual Property
1. All content on this website, including text, icons and graphics are the intellectual property of It Kit. It Kit reserves all rights in such content that are protected by Australian and international laws. No part or portion of this website may be copied, sold or used in any manner for any commercial purpose without the written consent of It Kit, and you agree that any copies of such part or portion must retain all copyright and other proprietary notices and otherwise acknowledge It Kit's rights, and such copies must not be further reproduced, communicated or redistributed.
2. The brand names, logos and related tag-lines appearing on this site, whether or not appearing in large print, or with the trade mark symbol, are trade marks of It Kit. The use or misuse of these trade marks or any other materials, except as permitted expressly in these Terms and Conditions, is prohibited. 
   
   
11. Third Party Sites
1. The website may contain links to other websites. Such links are provided by It Kit for convenience only, and by accessing those linked website, you agree to any terms of access or use imposed by those linked websites.
2. It Kit is not responsible for any content, hyperlinks or information held on other websites (including sites linked to this site). By linking to a particular website, It Kit does not:
1. endorse any material on such websites;
2. provide any warranty, or assume any responsibility, regarding the quality, accuracy, merchantability, fitness for purpose or any other aspect of the material on such websites, or any goods or services that may be acquired or purchased through such website; or
3. warrant that material on such websites will not infringe the intellectual property or other rights of any other person. 
   
   
12. Advice and Reviews/Comments
1. Any advice and information contained within this website is of a general nature and is not to be construed as a warranty or guarantee of any outcome, strategy, recommendation, action or application of any product or its use.
2. This website contains information about products available in Australia, and is intended for an Australian audience. If you live outside Australia, you may see information on this site about products that may not be available or authorised in your country.
3. This site may include reviews in relations to It Kit and/or its products posted by other customers of It Kit. Such reviews in no way represent the views or opinions of It Kit or its owners, shareholders, employees or others, but are the sole product of the individuals that posted such reviews. 
   
   
13. Privacy
1. It Kit respects the privacy rights of all individuals with whom it conducts business and is committed to complying with the obligations under applicable privacy legislation.
2. It Kit may collect personal information provided by you, including but not limited to information provided by you when you access this website. It Kit is the sole owner of the information collected on this website, and It Kit will not sell, share or rent this information to third parties, except to the extent disclosed in these Terms and Conditions.
3. It Kit only collects personal information where it is necessary for conducting business and providing services to customers. It Kit may use or disclose personal information provided by you where it is required to do so by law or it is required in order to deliver products to you. 
   
   
14. Governing law
1. This agreement and use of this website is governed by the laws of the State of Victoria, Australia and you submit to the exclusive jurisdiction of the courts of Victoria, Australia.