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Terms of Use

Last updated: March 17, 2020

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://tabletopperswarehouse.com website (the “site”) operated by Brainhackr trading as TableToppers Warehouse (“us”, “we”, or “our”).

By accessing or using the site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the site. Continued use of the site indicates your continued acceptance of these terms and conditions.

1. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in termination of your account. We may terminate access to our site immediately, without prior notice, for any reason whatsoever. If you wish to terminate your account, you may simply discontinue using the site.

2. Disclaimer of liability

Information is provided in a general nature and you should conduct your own research prior to purchasing any product. Information is provided based on what publishers/suppliers provide and TTW does not provide any guarantee as to it’s accuracy.

Although we will do our best to provide constant, uninterrupted access to the site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

3. User content and copyright

Some areas of our site may require you to enter information in the form of responses to surveys or other activities. Information collected through such means may be used by us for the purposes of research and publication of aggregated information. In such cases information will be de-identified in accordance with our privacy policy.

Content submitted to us, e.g. product reviews is submitted to us with an unconditional licence allowing us to use the information in any reasonable manner.

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

TTW displays product information and images as supplied by a range of suppliers, TTW is not the original copyright holder of these images and displays them for sale of items. Queries regarding use of images should be directed to the listed publisher.

Any queries regarding copyright and your content should be directed in the first instance to customerservice@brainhac.kr

4. Shopping

4.1 Ordering

When you order products from us, this constitutes and offer from you to buy those products in accordance with these Terms of Use. Our acceptance of your order occurs (and the contract is formed) when the goods are dispatched to you.

You may only order products from us by completing and submitting the checkout process on our site. You must provide all required information (including name, email address and payment details) or we may not be able to process your order.

We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) and order submitted by you. If we reject your order (or part of the order), any money paid by you in relation to the rejected part of that order shall be refunded and we shall have no further liability to you in relation to the rejected part of that order.

4.2 Prices

Except where specifically stated in relation to a particular product, the prices for the products are stated and payable in Australian dollars (AUD).

We may vary any prices on the site at any time and without notice to you.

4.3 Taxes and other charges

For Australian addresses GST is payable on products purchased through TTW unless otherwise stated on the product. All orders will be issued with a tax invoice.

4.4 Availability

All orders are subject to the availability of products. If for any reason a product is not available, we will endeavour to notify the non-availability on the site. We may revise the range of products or the specification of any product at any time and without notice.

4.5 Cancellation of orders

Where products are listed on our site with an incorrect price or with incorrect information, we reserve the right to cancel your order (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order.

We may cancel your order any time prior to our order confirmation. Any variation, waiver or cancellation of your order shall have no effect unless accepted in writing by us.

4.6 Delivery

Once we have confirmed acceptance of your order, we will endeavour to dispatch in stock items within 1-2 weeks. If we are unable to dispatch your order within two weeks we will endeavour to contact you and advise of the expected dispatch date.

Any quotations of delivery times by the us are made in good faith but are estimates and we shall not be bound by such quotation and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.

You are required to provide an ‘authority to leave’ when completing the checkout and specifying a delivery address. You may specify delivery instructions for example, you may authorise the delivery agent to leave the products in a specified location if you will not be at the delivery address). We will not be responsible for any order that is delivered in accordance with your delivery instructions.

4.7 Items not in stock

A range of items can be ordered where stock may not currently be available. In these instances you will be provided with an estimated arrival date, this time frame is provided in good faith and TTW will not be bound by such date or be liable for any loss or expense caused by the delay.

4.8 Shortages or Damage in Transit

TTW provides a limited local delivery service, we will ensure your goods are transported in safe condition in accordance with your order. On arrival our agent will (where possible) hand over the goods to a person, at which time the goods should be inspected and any shortage or damage concern must be raised immediately. Where an order is left any claim for shortage or damage must be raised within 48 hours of delivery. TTW ensures photographs are taken for all left deliveries.

4.9 Return of Goods

TTW acknowledges consumers have certain rights under Australian Competition Consumer law, if a product you purchase fails to meet a consumer guarantee, you have the right to ask TTW for a repair, replacement or refund under Australian Consumer Law. Where a product suffers a minor problem we will seek to remedy the issue without need for a full return. Where a major problem occurs the item can be returned to us for replacement or refund.

Goods supplied in accordance with your order can only be returned with the express approval from us by emailing customerservice@brainhac.kr.

Consumer guarantees do not apply for change your mind, where a product has been found cheaper, or you did not like the item / had no use for it.

If an item is returned any not found to have suffered a minor or major problem the customer will be responsible for payment of the reasonable transport costs.

TTW will accept product returns and provide you with an exchange voucher, refund or repair where:

  • The product is faulty or is not of acceptable quality, or
  • The product is not fit for its intended purpose, or
  • The product does not match the sample or our description.
  • We may elect to return the product to the manufacturer’s repair agent to determine the nature of the problem. We reserve the right not to offer an exchange voucher, refund or repair where the item fault is a result of misuse or neglect.
  • The product was not purchased as a damaged item where the fault/damage was made known at the time of sale.

Claims for compensation or reasonable expenses incurred in returning your purchase should be addressed to our Customer Service team at the address below and need to be accompanied with supporting evidence.

Our goods 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 for compensation for any other reasonably foreseeable loss or damage. You are also 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. If you would like more information on your rights under Australian Consumer Law please refer to the guide available on the ACCC website.

TableToppers Warehouse reserves the right to assess the condition and age of returned goods prior to providing a repair, exchange or refund. This may result in a repair, exchange or refund being refused.

Refunds will be issued using the original payment method.

If an item is returned any not found to have suffered a minor or major problem the customer will be responsible for payment of the reasonable transport costs.

4.10 Liability and Maintenance Guarantee

To the maximum extent permitted by law, we disclaim all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to you by us including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.

Our liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that we have no liability to any purchaser of the goods from you in that your rights under the contract are not assignable without the prior written consent of us.

4.11 Ownership and Risk

Ownership of all goods sold by us (“the goods”) is retained by the us until we have received the full price for the products and the applicable delivery charges.

Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), you assume full responsibility for and risk in the products.

4.12 Description of Products

Modifications and improvements to our products, prices and data are constantly being made.

Although we have endeavoured to ensure that the product and pricing information provided on the site is accurate, complete, and current, we do not provide any representations or warranties as to its accuracy, completeness or currency of information, and we shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this site.

We also rely on information from our suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on us.

If the goods do not match the description on the site, the buyer should inform us immediately so that we may take the appropriate action.

5. Data protection

Through the course of using the site, you may submit content to TTW (including your personal data and the personal data of others). The TTW privacy policy, together with any service-specific data use policies, privacy statements and privacy notices (collectively, “privacy policies”), detail how we treat your content and personal data and we agree to adhere to those privacy policies. In turn you agree that TTW may use and share your content in accordance with our privacy policies.

TTW will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content:

  1. is or becomes public (other than through breach of these Terms by TTW);
  2. was lawfully known to TTW before receiving it from you;
  3. is received by TTW from a third party without knowledge of breach of any obligation owed to you; or
  4. was independently developed by TTW without reference to your Content.

Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete online privacy policy

6. Governing law & jurisdiction

These Terms shall be governed and construed in accordance with the laws of South Australia, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the Australian courts.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our site, and supersede and replace any prior agreements we might have between us regarding the site.

7. Indemnification

You agree to defend, indemnify, and hold harmless TTW, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

8. Additional disclaimers

Visitors to the site agree that their use of the site is at their own sole risk. The site is provided “as is” and “as available,” without warranty of any kind, either express or implied

9. Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL TTW OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE GOODS OR SERVICES, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 19 APPLIES EVEN IF TTW SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, TTW LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING TTW LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

10. Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted.

All provisions of the Terms which by their nature should survive termination shall survive termination.

Contact Us

If you have any questions about these Terms, please contact us at customerservice@brainhac.kr

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