Olympus Store Terms of Sale
Acceptance of Terms
1. These Terms of Sale apply to all purchases made on the Olympus Store. By placing an order for products on the Olympus Store ("Order"), you accept these Terms of Sale.
3. If there is any inconsistency between these Terms of Sale and any other terms appearing on the Olympus Store, these Terms of Sale take precedence to the extent of the inconsistency.
Placing an Order
4. By placing an Order on the Olympus Store you are making an offer to purchase a particular product. Olympus reserves the right to accept or reject your Order for any reason whatsoever, including, without limitation, an error in your order or in the information on the Olympus Store, or the unavailability of the relevant product. The contract to purchase a particular product only comes into existence upon acceptance by Olympus of your Order. You may not cancel an order once it has been submitted. Olympus reserves the right to limit the quantity of products purchased by you.
5. You must be a resident of Australia and over the age of 18.
Delivery, Title and Risk
6. Olympus will only deliver to valid street addresses and valid post office box addresses in Australia. Olympus may reject an Order if a valid street address or valid post office box address in Australia is not provided at the time of placing an Order.
7. Unless otherwise indicated, you are responsible for payment of all transport and delivery charges for your purchases on the Olympus Store. Olympus or its subcontractors shall endeavour to arrange to deliver the products to the delivery point in Australia designated by you on your Order. Olympus or its subcontractors will use their discretion in selecting a reputable carrier and appropriate means of shipment. Any dates quoted by Olympus or its subcontractors for delivery of the products are estimates only and Olympus is not liable for any failure to meet those dates.
8. Title and risk of loss or damage to the products passes to you on the physical delivery of the products to the address identified by you in the Order. However, title in any software products remains with the applicable licensor(s).
9. If you fail to take delivery of the products or any part of them when they are made available to you, or if you fail to provide accurate instructions, documents, licenses, consents or authorisations to enable the products to be delivered, Olympus or its subcontractors will be entitled, upon giving written notice to you, to store the products until delivery is possible. In these circumstances, delivery will be deemed to have taken place and risk in the products passes to you. Olympus reserves the right to charge you for any expenses (including storage and insurance) arising out of your failure to take delivery.
Price and payment
10. The price of a product is as stipulated on the Olympus Store at the date you place your Order. Unless otherwise indicated, all prices include all Australian taxes.
11. Olympus must receive full payment of the price of the products ordered, and any other charges (including delivery or freight charges) that may apply to your Order, before they are delivered or supplied to you. You shall pay for the products by using one of the payment methods available on the Olympus Store.
Errors on and changes to the Olympus Store
12. You acknowledge that despite Olympus’ best efforts, products may be displayed with incorrect pricing or other information, or may be out of stock, due to an error or oversight. In such circumstances, Olympus reserves the right to cancel an accepted order, in which case any payment received will be refunded.
13. Olympus may update, or discontinue any product and/or revise prices for any product listed as available on the Olympus Store at any time. You agree that changes may occur between any product shipped to you and the products described in marketing materials.
14. Olympus shall undertake all reasonable measures to maintain the integrity and accuracy of information about the products available on the Olympus Store including but not limited to pricing, product specifications and availability of products. Olympus reserves the right to correct any inaccurate or incomplete information communicated in the course of, or in connection with, any product sale, without notice.
15. Returns will be accepted in certain circumstances. For further information, see the Returns procedure at http://olympus.com.au/Shop/Return-Information.aspx
. Returns for change of mind are not permitted. Unless you notify Olympus to the contrary by telephone within seven (7) days of delivery and such notification is confirmed in writing within seven (7) days of its receipt by Olympus, the products shall be deemed to have been accepted by you as being in good condition and in accordance with these Terms of Sale
Limitation of liability
16. In no event will Olympus or its subcontractors be liable to you for any indirect, special, incidental or consequential damages resulting from performance or failure to perform under an agreement pursuant to these Terms of Sale, or from the furnishing, performance or use of any goods or services sold or provided pursuant to the Terms of Sale, or due to late delivery or non-delivery of the products, whether due to a breach of contract, breach of warranty, negligence, or otherwise.
13. Olympus or its subcontractors will not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond its reasonable control.
14. You agree and warrant that the purpose of purchasing the products is for your own personal use only, and not for resale. Olympus is entitled to reject Orders placed by you if Olympus, on reasonable grounds, suspects that you will breach this warranty. You shall not remove components from the products for resale.
15. You agree and warrant to comply with all applicable export laws, regulations and orders of Australia. Specifically, but without limitation, you agree not to re-export or ship, directly or indirectly, any products or technical data in any form without first obtaining Olympus's prior written consent and the appropriate export or re-export licenses from the Government of Australia.
16. You agree and warrant that products purchased from the Olympus Store are not authorised for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
17. Olympus reserves the right to request you to produce appropriate photo identification or other documentation (to Olympus’ satisfaction, at its sole discretion) in order to confirm your identity, age, residential address and email address, and eligibility to purchase a product.
18. You are responsible for keeping your password and other access details secure against unauthorised access. You release Olympus from any liability incurred as a result of any activity that occurs using your user details.
19. Olympus reserves the right to alter these Terms of Sale without further notice to you. Any amendments to these Terms of Sale will only have effect on Orders placed after the relevant amendment.
20. These Terms of Sale will be governed by the laws of Australia