Terms and Conditions
The following Terms and Conditions apply to sales made on the RPM Techshop website only.
In these Terms and Conditions ( Terms ), the following words and phrases shall have the following meanings:
“the Buyer” means the person, firm or company who purchases the Goods from the Company;
“the Company” means RPM Techshop;
“Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;
“Goods” means any goods agreed in the Contract form to be supplied by the Company to the Buyer;
‘Place of Delivery’ means the place to which the goods are to be delivered.
The terms ‘Company’, ‘RPM Techshop Store’, ‘ RPM Techshop Company’ and ‘RPM Techshop.com.au’ may be interchangeable in this document. They all mean RPM Techshop.
In these Terms and Conditions, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
- The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
Acceptance of your order and the completion of the contract between you and us will take place when your order dispatched on our system. While we may have accepted the payment that you made for your order, but under certain circumstances that we cannot control, we may need to notify you that we cannot accept your order or the order has been cancelled in accordance with our Cancellation Policy. Under these circumstance, your payment for that order will be refunded accordingly.
Please mention specifically when you have any questions before purchasing. In proceeding with your order, buyers are deemed to have fully read, understood and accepted our Terms and Conditions.
- 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 to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur within your account or with your password. You should take all necessary steps to ensure that your password is kept confidential and secure and you should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details you provide us with are correct and complete, and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the ‘My Account’ area of the website or by emailing sales.
RPM Techshop reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
RPM Techshop does not sell products to persons under the age of 18, although we do sell children’s products for purchase by adults. If you are under 18, you may use RPM Techshop only with the involvement of a parent or guardian.
- Access to RPM Techshop.com.au
In order to maintain website reliability and integrity, maintenance works may need to take place regularly. Such works may affect your site usage, and may interrupt your access to the website. We will do our best to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.
You must not use the website in a way that causes, or is likely to cause, the website, or access to it, to be interrupted, damaged or impaired in any way.
You understand that you, and not RPM Techshop, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”;To cause annoyance, inconvenience or needless anxiety.
- Site Contents
While information on this site is believed to be correct at the time of inclusion, there may occasionally be typographical errors, inaccuracies or omissions related to product descriptions, pricing and/or availability. We reserve the right to correct any errors, inaccuracies or omissions or to change or update information on this site at any time without prior notice (including after you may have submitted your order). This site and its contents are provided to you on an “as is” and “as available” basis. We make no warranties or representations, express or implied, related to this site or its contents. This site and its contents are protected by copyrights, trademarks, trade dress and/or other intellectual property rights which are and will at all times remain owned, controlled or licensed by or to us. You are not entitled to exercise or benefit from any such rights. You may not publish, transmit, distribute, modify, sell or participate in the sale of, in whole or in part, any of the contents on this site or related software.
We attempt to display the merchandise shown on our site correctly and accurately. The actual colors you see will depend on the monitor that you are viewing. We cannot guaranty that the color shown is exactly the same as the product you may purchase.
RPM Techshop may list thousands of products for sale on the website and host reviews submitted by customers, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, RPM Techshop operates on a “notice and takedown” basis. If you believe that any content or advertised sale on the website contains a defamatory statement, please notify us immediately by following our Notice and Procedure for Notifying of Defamatory Content. Once this procedure has been followed, RPM Techshop will make all reasonable endeavors to remove the defamatory content within a reasonable time.
- License for website access
This site and its web content, which includes but is not limited to, text, photographs, icons and all other images, are protected by copyright. Any copying, reproduction or adaptation of such copyright works for commercial purposes is strictly prohibited unless prior written authorisation is obtained from RPM Techshop Company.
RPM Techshop grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with expressed written consent from the Company. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of RPM Techshop without expressed written consent. You may not use any meta-tags or any other “hidden text” using RPM Techshop’s names or trademarks without obtaining written authorisation from RPM Techshop. Any unauthorized use terminates the permission or license granted by RPM Techshop.
- Comments, communications and other content
Any content or submit material posted by you and unless we indicate otherwise, you grant RPM Techshop a non-exclusive, 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 RPM Techshop the right to use the name that you submit in connection with such content, if we choose. You exercise your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to waive any of the above rights, including the execution of deeds and documents, at the request of RPM Techshop Company.
You own or otherwise control all of the rights to the content that you post provided that, at the date the content or material is submitted to RPM Techshop company: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable RPM Techshop policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify RPM Techshop Company for all claims brought by a third party against RPM Techshop or its affiliates, arising out of, or in connection with, a breach of any of these Terms and Conditions.
When you visit RPM Techshop or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- Copyright and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of RPM Techshop Company or its content suppliers. The compilation of all content on this website is the exclusive property of RPM Techshop Company. All software used on this website is the property of RPM Techshop Company.
You may not systematically extract and/or re-utilise parts of the contents of the website without RPM Techshop Company’s expressed written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without RPM Techshop company’s expressed written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without RPM Techshop company’s expressed written consent.
RPM Techshop respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes as copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
All trademarks not owned by RPM Techshop company that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RPM Techshop.
- Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Although we do try to keep as much product in stock at all times, but due to unforeseen circumstances sometimes we do run out of stock. You may contact us and check the inventory level before placing order. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
The price for the goods shall, unless otherwise agreed, be the price set out on the dispatch confirmation. The price for the goods quoted on the website shall be exclusive of all costs of carriage and insurance and applicable import Tax/GST and duty which the buyer shall pay in addition for further information regarding this please see the Australian Customs Web Site. Shipping and insurance costs are calculated at checkout.
Despite our best efforts, a small number of the thousands of products in our catalogue may be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either give you the option of reconfirming your order at the correct price or cancel your order with full refund and notify you of such cancellation. In the event that you do not reconfirm the order at the correct price within a designated deadline, we will cancel your order and you will receive a full refund.
Any date or period for delivery shall be considered as an estimate only, if no date is specified for delivery of the goods, delivery shall be within a reasonable time.
On every orders by default, partial shipment will be arranged (at no extra cost) to avoid delays/inconveniences if an item is out of stock. Outstanding item(s) will be shipped once restock fulfilled. Customer may request full shipment upon checkout process.
Subject to the other provisions of these Terms, RPM Techshop shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
- Risk and ownership of the goods
Risk in the Goods shall pass to the Buyer on delivery
Ownership in the Goods shall not pass to the Buyer until RPM Techshop has received in full in cleared funds all sums due to RPM Techshop in respect of the Goods and all other sums which are or may become due to RPM Techshop from the Buyer on any account.
Until ownership of the Goods has passed to the Buyer, the Buyer shall:
- Hold the Goods on a fiduciary basis as the Company’s bailed;
- Store the Goods separately from all other goods of the Buyer or any third party in such
- Keep the Goods in a way that they remain identifiable as the Company’s property;
- Not destroy or deface any identifying mark on the Goods or their packaging;
- Maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
Payment of the price of the Goods shall be due at the time the Order Confirmation Email is sent.
All prices of goods, coupons, delivery and other charges shown in RPM Techshop.com.au are in AUD.
All payments must be received in full prior to the goods being shipped.
When ordering goods from RPM Techshop, overseas deliveries may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by buyer, unless otherwise stated in the order confirmation.
- Warranties & Returns
- Losses and Limitation of Liability
The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the total value of the goods delivered under the terms and RPM Techshop shall, under no circumstances, be liable to the buyer for any consequential, indirect or economic loss or damages.
RPM Techshop will be responsible for any losses you suffer as a result of us breaching these conditions, if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
- Alteration of Service or Amendments to the Conditions
RPM Techshop reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies of Conditions of Use & Sale in force at the time that you use the website or when you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- Events beyond our reasonable control (Force Majeure)
RPM Techshop will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If either party is subject to an event of Force Majeure, that is circumstances outside of reasonable control (including, but not limited to war, fire, industrial disputes or civil commotion) the other party must be notified and the first party’s obligations under these Terms shall be suspended until the other party is notified that such an event has ended.
If you breach these conditions and we take no action, we will still be entitled to use our rights in any other situation where you breach these conditions.
- Governing law and jurisdiction
If any part of these Terms and Conditions is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms and Conditions. They will otherwise remain in full force and effect.