Terms and Conditions of Sale
1. About MaxxCell
Your purchase of goods from MaxxCell.com.au is subject to these Terms and Conditions of Sale (“Terms”). If you do not accept these Terms, you must refrain from using this website or making a purchase from this website. The goods and services described in this website are available from MaxxCell and our select retailers, and will be available for you via the website to purchase at the specified price or until otherwise removed from the website or as specified. You and the MaxxCell may enter into a sale contract for the sale and supply of products, at the specified price, subject to these Terms. The MaxxCell logo and words are the intellectual property of CYDAN Energy Pty Ltd, MaxxCell being a trading name under that company. In these terms: – “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website. “Order” means an order made by you for our products online via the website.
2. User Agreement
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. 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
You may access and/or use the website as a guest or as a member. To become a member of the website, you must provide your name and address, telephone number and a valid email address. If you do not provide accurate and complete details we may not be able to activate your account or supply products to you. You agree to keep your account details current at all times by accessing your account via the website or by contacting us through the website. We only permit one registration per email address. You must not use another members’ account without permission. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your account. 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
Any Order and/or purchase made by you using this website is an acknowledgement by you that you: i. accept these terms; ii. agree that you have entered into a legal contract with MaxxCell (CYDAN Energy Pty Ltd) in relation to these terms; and iii. these terms, together with your order, constitute the entire agreement between you and MaxxCell for the supply of products.
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. You and MaxxCell may enter into a contract for the sale and supply of products by purchasing a product at the price advertised on the website by:
placing an electronic Order for the products using the website;
you confirming the Order details in accordance with the procedure on the website;
you making payment in full (plus any applicable delivery charges) on the website;
When entering into a sale contract via the website, you will be taken to have communicated your order with the product(s) only when:
any requirements set out in these terms have been met;
the electronic instruction containing the order from you enters and is recorded in our database;
a record is created and stored in our database;
and MaxxCell 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.You acknowledge that:
the transmission of your order or the confirmation of any payment, made through an electronic instruction may not be received by MaxxCell 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;
to the extent permitted by law, MaxxCell (CYDAN ENergy Pty Ltd) 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;
MaxxCell may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you;
and MaxxCell 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. You will receive an email from MaxxCell as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us via our website. If your Order is not accepted by MaxxCell, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed. MaxxCell may, in its sole and absolute discretion, accept or reject any order 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. Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If MaxxCell cannot supply a particular product, MaxxCell will notify you by telephone or email as soon as possible. MaxxCell 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.
Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change. Images of products shown without any advertised price beside that image are not offered for sale. Unless otherwise stated, any accessories shown in any image of products are not included in the price. We reserve the right to correct any errors published on the website.
All payments must be made in full prior to delivery. Payments must be made our secure credit card gateway accessible via the website and will be subject to any terms and conditions of the payment gateway provider.
8. Supply and Delivery
Subject to you complying with these Terms and acceptance of your Order by MaxxCell (CYDAN Energy Pty Ltd), MaxxCell will sell and supply the products to you as shown on your Order confirmation. Products may not be available for immediate delivery. MaxxCell will notify you if there will be any delays by phone or email.
9. Delivery by Post or Carrier
The terms of this clause apply where you select to have your goods delivered to a specified address. The delivery address must be an address within Australia and cannot be a freight forwarding location. MaxxCell will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however MaxxCell does not warrant that these timeframes will always be met, as many factors may affect these timeframes. MaxxCell (CYDAN Energy Pty Ltd) cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
10. 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.
11. Limepay Fraud
The website employs Limepay secure payment gateway to secure our payment systems. To the extent permitted by law, MaxxCell (CYDAN Energy Pty Ltd) will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where Limepay transaction account is fraudulently used or is used in an unauthorised manner.
12. Order Enquiries
If you have any query about the progress of your Order please contact us on 02 94975098 or email@example.com.
13. Damaged or Faulty Products and Refund Policy
If any product ordered by you arrives damaged or is not of acceptable quality you may have: – (a) rights under the Refund Policy; – (b) 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 – (c) To have the product repaired or replaced or to receive a refund of the price paid by you for the product. Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the goods cheaper elsewhere. We recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order. We also recommend you immediately inspect any goods that we deliver to you, to ensure you are completely satisfied with the goods, including that the goods are of acceptable quality, and match the description we have provided to you. Signing the delivery note means you have received the goods and they are in good working order and take ownership for those goods. MaxxCell will not be liable for these delivered goods once the delivery note signed. If your Order arrives damaged, please contact us on 02 94975098 or firstname.lastname@example.org.
MaxxCell will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their 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 deliveries.
All of our products are sold with a guarantee or warranty. In addition, they come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Full details of your consumer rights may be found at http://www.consumerlaw.gov.au/.” Please Note : For security purposes you maybe required to provide additional forms of identification.
16. Installation of Goods
Most if not all of the goods sold in this online store are required to be installed by licensed professionals. Failure to do so may constitute an illegal act in your state or territory. MaxxCell cannot and will not be found liable for damages to persons or property due to failure of a device that was not installed and commisioned by a professional. Furthermore if your purchased product was installed incorrectly and was not installed and or commisioned by a licensed professional your warranty may be voided.