Last updated on 12 October 2020

93 PC ABN 34 586 562 402

 

TERMS AND CONDITIONS

FOR BUYING PRODUCTS

AND JUST BROWSING

 

Welcome to 93 PC!

In these terms, we also refer 93 PC as “ our ”, “ we ”, or “ us ”.

And you are you!

 

What are these terms about?

These terms apply when you use this website, being www.93pc.com.au and any other websites we operate with the same domain name and a different extension (“ Website ”).

These terms also apply when you purchase a PC build or any Components through this Website (“ Products ”).

 


 

How do I read these terms?

These terms use the definitions set out in Part C.

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • PART A: Terms for when you buy Products
  • PART B: Terms for when you browse and interact with this Website
  • PART C: Interpretation provisions (applies to Parts A and B)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

 

You can also find our Privacy Policy by clicking here.

 


 

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms of Part A accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.


 

PART A


 

FOR WHEN YOU BUY PRODUCTS

  1. SUBMITTING AN ORDER
    1. By submitting an order for purchase of a Product using the Website's functionality ( Order ) you represent and warrant that:
      1. you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      2. you are authorised to use the debit or credit card you provide with your Order.
    2. Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
    3. Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your Order is being processed.
  2. PRODUCTS
    1. 93 PC creates and sells custom computer Products through assembling Components sourced from third party suppliers. We offer a number of off-the-shelf custom Products and we allow you to select Components that we will compile as a Product. We also sell Components individually.
    2. ( Individual Components ) If you purchase individual Components, not as part of a Product we build for you, those Components are to be installed by you and no workmanship warranty is given by us. Manufacturer’s warranties may still apply.
    3. ( Compatibility of Components ) If you select your own Components for a Product, 93 PC cannot guarantee compatibility between all hardware or software products that you select. If you place an Order where we consider that the Components will not be compatible, we will notify you and suggest that you select a different Component to resolve the issue we identify. However, if you refuse to change the Component, we will complete the Order on the basis that you accept the potential compatibility issues and we will not be liable for those issues.
    4. ( Availability of Components ) All Products displayed on our website are subject to Components being supplied by third party manufacturers. We cannot guarantee that all the Components required for specific Products will be available, and when not available, we may not be able to create or deliver the Product as ordered. If we cannot guarantee that we will be able to build your Product within 10 days of the Order being placed, we will notify you and you may agree to cancel the Order (with a full refund) or alter the Order (with the price difference in Components accounted for and payable by or refundable to you).
    5. (Set-up Instructions) Products may come with additional instructions for you to follow to complete the set-up of the Product on delivery. You must follow those instructions and we will not be liable or accept any fault for your failure to comply with those instructions.
    6. (Software) We may install software on the Product. That software is licensed to you subject to any software licences of the third party developer. You acknowledge and agree that you will be required to comply with those licences, which may or may not be displayed to you before commencing use of the software. It is your responsibility to ensure compliance with those software licences. When the software licences expire, you will be required to renew the licence of your own accord and at your own expense or the license will be revoked and you will not be able to use that software.
    7. ( Image Variations ) Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
    8. ( Risk & Title ) Until the price of your Products is paid in full, ownership of those Products is retained by 93 PC. Risk of loss of, or damage to, the Products will pass to you on delivery in accordance with clause 4. Delivery must not be refused by you.
  3. PAYMENT
    1. All prices are:
      1. per unit (except where indicated);
      2. in Australian Dollars; and
      3. subject to change prior to you completing an Order without notice.
    2. ( Payment obligations ) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
    3. ( GST ) Unless otherwise indicated, amounts stated on the Website do not include GST. 93 PC may add the appropriate GST amount to the amount payable at the time of placing your Order.
    4. ( Card surcharges ) 93 PC reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    5. ( Online payment partner ) We may use third-party payment providers ( Payment Providers ) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
    6. ( Pricing errors ) In the event that we discover an error or inaccuracy in the price at which your Order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Order at the correct price, or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.
  4. DELIVERY AND SHIPPING
    1. ( Delivery Costs ) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
    2. ( Delivery Details ) 93 PC may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
      1. delivery is to the delivery point specifically accepted by 93 PC; and
      2. we will deliver the Products to you in accordance with the shipping information displayed on our Website.
    3. ( Delivery Issues ) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your Order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
    4. ( International Orders ) 93 PC reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your Order being held at customs. We will not be liable for any costs you may incur in having your Order released from customs, including reimbursing you for any customs or import duties you may pay.
  5. CHANGES TO YOUR ORDER

5.1 CANCELLATION BY US

We reserve the right to cancel your Order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

5.2 CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 5.3 may apply.

5.3 RETURNS AND EXCHANGES

  1. We do not offer change of mind returns.
  2. We will provide a full refund of the price paid for a Product if we determine that:
    1. a Product you have ordered was not received by you solely due to failure by us;
    2. a Products provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
    3. a Product is faulty, in accordance with clause 3(c).
  3. ( Faulty products ) The following process applies to any Product you believe to be faulty.
    1. (Contact Us ) If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
    2. ( Inspection ) If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
    3. ( Not Faulty ) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's or our instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
    4. ( Faulty ) If we determine that the Product is faulty, we will determine whether the Product is faulty due to:
      1. a failure of our workmanship, in which case we will repair the Product at no cost to you, including paying return shipping costs; or
      2. a fault in a Component, in which case clause 3(c)(v) will apply.
    5. ( Manufacturer’s Repairs, Replacements & Refunds ) Components may be covered by a manufacturer’s warranty. If any Components are faulty, any claim for return may require us to consult with the manufacturer or their repair agent to determine the resolution. If no fault is found, or if the product has been damaged due misuse of the product by you, we may refuse your return, send the Product back to you at your cost and require you to compensate us for any fees incurred by us in relation to the assessment. If the Component is found to be faulty, we will inform you as to whether, at the manufacturer’s option, the manufacturer will repair, replace or refund your Component. A list of all manufacturer’s warranties included within your Product will be provided with delivery.
    6. Nothing in this clause 5 is intended to limit or otherwise affect the operation of any of your rights under the Australian Consumer Law.

6. INTELLECTUAL PROPERTY

Manufacturer’s images, trade marks, logos, labelling and packaging are reserved Intellectual Property Rights of their respective owners. You must not attempt to copy, reproduce, manufacture or otherwise commercialise any part of the Products or Components.

  1. THIRD PARTY SUPPLIERS
    1. We may do any of the following without further notice to or permission from you.:
      1. outsource any part of performing any services related to providing the Products, including delivery of your Products; or
      2. procure materials, Components and Products from third party suppliers;
    2. To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Product, or are negligent in providing services or goods.
  1. LIABILITY
    1. To the maximum extent permitted by applicable law, 93 PC limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these terms or any Products or services provided by 93 PC to the amount paid for the Product giving rise to the liability.
    2. Claims for loss of or damage to Products in transit must be made against the carrier.
    3. Components sold by 93 PC, will have only the benefit of any warranty given, and insurance held, by the manufacturer. Your express rights under a manufacturer’s warranty are separate to and in addition to any other rights and remedies available to you under Australian law, including under the Competition and Consumer Act 2010 (Cth). In relation to returning faulty products, warranty periods are strictly enforced by manufacturers.
    4. All other express or implied representations and warranties in relation to Products and the associated services performed by 93 PC are, to the maximum extent permitted by applicable law, excluded.
    5. Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) ( ACL ). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide, including a failure of workmanship
    6. ( Indemnity ) You indemnify 93 PC and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':
      1. breach of any of these terms;
      2. use of the Website; or
      3. use of any goods or services provided by 93 PC.
    7. ( Consequential loss ) To the maximum extent permitted by law, under no circumstances will 93 PC be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by 93 PC (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

 

PART B


 

FOR WHEN YOU BROWSE THIS WEBSITE

  1. ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

  1. YOUR OBLIGATIONS

You must not:

  1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of 93 PC;
  2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
  3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  5. use the Website with the assistance of any automated scripting tool or software;
  6. act in a way that may diminish or adversely impact the reputation of 93 PC, including by linking to the Website on any other website; and
  7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    1. gaining unauthorised access to Website accounts or data;
    2. scanning, probing or testing the Website for security vulnerabilities;
    3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
    4. instigate or participate in a denial-of-service attack against the Website.

11. INFORMATION ON THE WEBSITE

  1. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
    1. the Website will be free from errors or defects (or both, as the case may be);
    2. the Website will be accessible at all times;
    3. messages sent through the Website will be delivered promptly, or delivered at all;
    4. information you receive or supply through the Website will be secure or confidential; and
    5. any information provided through the Website is accurate or true.
  2. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
  1. INTELLECTUAL PROPERTY
    1. 93 PC retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) ( Website Content ) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
    2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from 93 PC or as permitted by law.
  2. THIRD PARTY TERMS AND CONDITIONS
    1. The Customer acknowledges and agrees that third party terms & conditions ( Third Party Terms ) may apply to this Website.
    2. The Customer agrees to any Third Party Terms applicable to any third party goods and services, and 93 PC will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
  3. LINKS TO OTHER WEBSITES
    1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
  4. THIRD PARTY PLATFORM
    1. This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: insert if known.
    2. To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
  5. SECURITY

93 PC does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

  1. REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

  1. LIABILITY
    1. To the maximum extent permitted by applicable law, 93 PC limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website to $10 AUD.
    2. All express or implied representations and warranties in relation to the Website are, to the maximum extent permitted by applicable law, excluded.

PART C


 

INTERPRETATION PROVISIONS

  1. DEFINITIONS

Term

Meaning

93 PC, we, our, us

means 93 PC ABN 34 586 562 402.           

Component

means any materials or parts used for the creation of the Product, or sold individually, including computer peripherals and accessories, which are sourced from third party manufacturers.

Intellectual Property Rights

means all copyright, trade mark, design, patent, trade, business and domain names, rights to keep information confidential, any other proprietary rights and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

Order

means an Order for Products under clause 1(a) of this agreement.

Payment Providers

has the meaning given in clause 3(e).        

Product

means products created, sold and otherwise provided by 93 PC under this agreement.

Third Party Terms

means any terms & conditions that may apply to any third party goods and services that are engaged under this agreement.

Website­

means 93 PC’s website located at https://93pc.com.au/, and any other websites we operate with the same domain name and a different extension.

Website Content

means all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software).

You, Customer

means the person or entity that enters into this agreement with us.

  1. GENERAL

20.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

20.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

20.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

20.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

20.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

20.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

20.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

20.8 INTERPRETATION

  1. ( singular and plural ) words in the singular includes the plural (and vice versa);
  2. ( currency ) a reference to $; or "dollar" is to Australian currency;
  3. ( gender ) words indicating a gender includes the corresponding words of any other gender;
  4. ( defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  5. ( person ) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  6. ( party ) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  7. ( these terms ) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
  8. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
  9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  10. (includes) the word "includes" and similar words in any form is not a word of limitation; and
  11. (adverse interpretation ) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

21. NOTICES

  1. A notice or other communication to a party under this agreement must be:
    1. in writing and in English; and
    2. delivered via email to the other party, to the email address most regularly used by the parties to correspond regarding the subject matter of this agreement ( Email Address ). The parties may update their Email Address by notice to the other party.
  2. A notice will be taken to have been given on the next business day after the notice was sent, or when replied to by the other party, whichever is earlier.