Terms and Conditions

CANIBBLE TOOLS WEBSITE TERMS AND CONDITIONS OF USE

1. ABOUT THE WEBSITE

(1) Welcome to www.cannibletools.com.au (the 'Website'). The Website is owned and operated by Turner Precision Engineering (Aus) Pty Ltd ABN 68 105 521 168 (‘Turner Precision Engineering’). Thank you for using Turner Precision Engineering products and services.

(2) The CaNibble Nibbler is manufactured by Turner Precision Engineering. The CaNibble Nibbler is a professional sheet metal nibbler that can be attached to any standard electric, battery or air-powered drill.

(3) The Website provides you with an opportunity to browse and purchase our nibblers (the ‘Products’) that have been listed for sale through the Website (the 'Purchase Services').

(4) Your access to and use of our Website for the Purchase Services is governed by these terms and conditions (the 'Terms').

(5) Please read the Terms carefully as they govern your access to and use of our Website. By using the Website, you agree that you are bound by these Terms.

(6) Please read our Privacy Policy which form a part of these Terms to understand our practices regarding personal information that we collect about you through the conduct of our business.

(7) These Terms may be updated by us at any time, and by continuing to use the Website, you accept the Terms as they apply from time to time. Any changes to the Terms take immediate effect from the date of their publication on our Website.

2. WHO MAY USE OUR WEBSITE

(1) As a condition of your use of our Website and access to our Purchase Services, you warrant that:

(a) you are a person authorised to enter into a legally binding contract if you are purchasing our Products;

(b) all relevant consents have been obtained to purchase and use our Products.

We retain the right in our sole discretion to deny anyone access to this Website or our Purchase Services if you do not comply with our Terms.

3. ACCEPTANCE AND TERMS

(1) Your right to use the Website and Purchase Services is subject to our Terms.

(2) If you do not agree to the Terms, please do not use the Website and our Purchase Services.

4. PURCHASE OF PRODUCTS AND PAYMENTT

(1) In using the Purchase Services to purchase our Products, you agree to the payment of the purchase price listed on the Website for Products from time to time or our price list (the 'Purchase Price').

(2) You can order our Products by contacting us through the contact details listed on our Contact Details page. We deliver all over Australia and New Zealand.

(3) Our fees for the Purchase Price are in Australian Dollars (AUD) or New Zealand Dollars (NZD) where indicated.

(4) Payment of the Purchase Price may be made through the following third-party provider: PayPal ('Payment Gateway Provider'). We will also use Shopify Payments and Apple Pay.

(5) In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by Payment Gateway Provider. You acknowledge that the Payment Gateway Provider will be your default payment gateway and it is your sole responsibility to:

(a) keep the Payment Gateway Provider Account active, and

(b) to deactivate the Payment Gateway Provider Account if you do not wish to keep the account active.

(6) Payment must be made in full at the time of placing an Order. We will not hold Products against your Order if payment is not made in full or if payment is declined. Members are responsible for ensuring their payment details are accurate and up to date when purchasing our Products.

(7) It is your responsibility to ensure that you provide accurate details at the time of ordering the Products and you agree that you will be liable for any damage or loss caused by incorrect details that you supply. Turner Precision Engineering will not be responsible for any incorrect details that you provide for your Order including:

(a) Name;

(b) Billing and Delivery Address;

(d) Email address;

(e) Product ordered;

(f) Quantity of product.

(8) Turner Precision Engineering may in its sole discretion elect not to accept an Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

(9) When we confirm payment of the Purchase Price and accept your Order, you will be issued with a receipt (‘Receipt’) to confirm that payment has been received. Turner Precision Engineering may electronically store your purchase details for future use.

(10) You are responsible for any use, activities and the payments associated with your Order. Turner Precision Engineering reserves the right to cancel, suspend or reject an Order for the inability to authorise or process any payment or if misuse of our Website is detected.

(11) If your credit card has been charged and we have rejected your Order, we will issue a credit to your credit card account within 14 calendar days.

(12) We reserve the right to change our Product pricing at any time.

5. POSTAGE AND SHIPPING

(1) You must make payment for the Products in full before we will dispatch the Products. We are entitled to add on GST for any supply in Australia.

(2) We ship within Australia and New Zealand as advertised on our Website.

(3) Postage and shipping costs are at your expense. The Purchase Price on our Website for Products is not inclusive of shipping and handling charges unless otherwise depicted.

(4) You acknowledge that our Products integrate delivery (the 'Delivery Services') through the third-party delivery provider Sendle (the 'Delivery Service Provider').

(5) In supplying the Products, we may provide you with a variety of delivery and insurance options offered as part of the Delivery Services. You agree that Turner Precision Engineering is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Provider.

(6) In the event that your Product is lost or damaged during the Delivery Services, Turner Precision Engineering asks that you contact us by sending an email to nibbles@canibbletools.com outlining in what way the Products were damaged in transit, so we can contact the Delivery Service Provider directly to make a claim and to determine if the Delivery Service Provider should be removed as a supplier.

(7) Please allow 3 to 14 calendar days for delivery by Delivery Service Providers. As a definite delivery time is outside of our control, we provide no guarantee that your Products will be delivered within 3 to 14 calendar days.

(8) You accept that any delivery or re-delivery fees you pay are non-refundable except where required by law.

(9) You are responsible to make all arrangements necessary to take delivery for the Products otherwise Turner Precision Engineering will be entitled to charge a reasonable fee in the event that redelivery is required. Some carriers may require a signature for delivery and you will be responsible to arrange for signature at the delivery premises and for collection of any notices for re-delivery or other collection arrangements. You will bear the liability of and cost for any additional charges to carry out re-delivery or multiple delivery attempts.

6. RETURNS POLICY

(1) Our Purchase Services come with guarantees that cannot be excluded under the Australian Consumer Law. Turner Precision Engineering will process refunds in accordance with the Australian Consumer Law for major failures (‘Major Failures’) and minor failures (‘Minor Failures’).

(2) A Major Failure occurs where you would not have availed of the Purchase Services if you had known about the defect, the Purchase Services are significantly different to what was described, the Purchase Services are substantially unfit for their usual purpose or a purpose made known to you or the Purchase Services are unsafe. For Major Failures or major problems with the Purchase Services as defined under the Australian Consumer Law, you are entitled to a replacement or refund.

(3) If the Services fail to be of acceptable quality, and the failure does not amount to a Major Failure, we are entitled to an opportunity to fix the minor problem as long as this is within a reasonable period of time. If we cannot fix the Minor Failure, you are entitled to cancel the contract with us and obtain a refund for the proportion of the Purchase Services not already consumed at the time of the cancellation.

(4) It is your responsibility to inspect your Products on delivery. For defective merchandise, you must contact us within 14 calendar days of delivery to report any discrepancies or faults to make a claim.

(5) Please contact us by email at our Contact Details with your details, order number, proof of purchase information, Products to return and a photo of the defect and brief description of the reason for return, repair or exchange. We will process your request within three (3) business days and our staff will assist you in assessing the Products and provide you with additional details for returning your Products and information for the repair, replacement or refund.

(6) Returns or refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law. Where Turner Precision Engineering accepts the Product as defective, then Turner Precision Engineering will, either repair or replace the defective Product or part thereof with a replacement Product, a repaired Product or a re-manufactured equivalent at no charge to you for parts or labour.

(7) You are responsible for any postage and shipping costs associated with a refund unless you are legally entitled to claim reasonable postage or transportation costs.

(8) To return a product, send the Product within 14 days of receiving your parcel to our address at: Turner Precision Engineering (Aus) Pty Ltd, 3/53 Enterprise Street, Kunda Park QLD 4556

7. LIMITATIONS OF RETURN

(1) Returns will only be considered for Products in original condition (preferably in original packaging). Products that have been modified or excessively handled will not be accepted as a return. No credit will be allowed for Products that have been used, modified or damaged or used in a manner or purpose for which the Product was not intended.

(2) Returns do not apply to any defect in the Products arising from:

(a) Fair wear and tear

(b) Incorrect assembly or not installed or maintained in accordance with accompanying documentation or instructions

(d) Inappropriate cleaning

(e) Misuse

(f) Lack of maintenance

(g) The Product has been modified in anyway

(h) Product used in a manner or purpose for which the Product was not intended

(i) Repaired or serviced by someone other than Turner Precision Engineering

(j) Damage to Products due to events out of our control including Force Majeure once the Products are delivered to you.

(3) Unless expressly provided in these Terms, Turner Precision Engineering does not give any warranty or representation of any kind in relation to the Products.

8. TITLE AND RISK

(1) Title to the Products shall remain with Turner Precision Engineering until you have paid the full invoice price for the Products.

(2) The risk in the Products will pass from Turner Precision Engineering to you at the earlier of:

(a) time of payment of Turner Precision Engineering’s tax invoice in full, or

(b) time of delivery of the Products to the point of delivery in the Order.

From that time on, you assume all risk of loss and damage to the Products including without limitation all loss or damage in the course of unloading the Products following delivery.

9. SERVICE OBLIGATIONS

(1) Turner Precision Engineering must ensure that the Products are of merchantable quality.

(2) Turner Precision Engineering will supply the Purchase Services in a good, proper and professional manner and in accordance with relevant Australian industry standards, best practice and guidelines.

10. OUR COPYRIGHT AND INTELLECTUAL PROPERTY

(1) The intellectual property rights in or related to the Products or any of its documentation vest in Turner Precision Engineering or Turner Precision Engineering has the right to use the intellectual property rights.

(2) The Website, the Purchase Services and all of the related products of Turner Precision Engineering are subject to copyright and/or design law protection. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled by Turner Precision Engineering or its contributors.

(3) You may not, without the prior written permission of Turner Precision Engineering and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content for any purpose.

(4) Turner Precision Engineering retains all rights, title and interest in and to the Website and all related Content and our Products. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Turner Precision Engineering; or

(b) the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

(5) The Website or any part of it (including, without limitation, any content or images) must not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or another medium for publication or distribution, without our express prior written consent.

(6) Your obligations under this clause survive termination or expiry of these Terms.

11. PRIVACY

(1) In these Terms, personal information has the meaning as defined in the Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth). Please refer to our Privacy Policy which is made a part of these Terms.

(2) You accept that by providing us your personal information, we will deal with such personal information as set out in our Privacy Policy.

12. GENERAL DISCLAIMER

(1) You acknowledge that Turner Precision Engineering does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

(2) You agree that the Products are provided “as is” and specific results cannot be guaranteed. It is your sole responsibility to determine that the Product meets your needs or is otherwise suitable for the purposes for which it is used.

(3) Turner Precision Engineering will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

(4) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(5) Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) Turner Precision Engineering will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services including due to Internet interruptions or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(6) Use of the Website, the Purchase Services, and any of the Products of Turner Precision Engineering (including the Delivery Services) is at your own risk. Everything on Website, the Purchase Services, and the Products of Turner Precision Engineering, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind, except as otherwise expressly provided in these Terms.

13. LIMITATION OF LIABILITY

(1) You expressly understand and agree that Turner Precision Engineering, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(2) This exclusion of liability includes without limitation:

(a) the completeness, truth, suitability, quality or accuracy of the information or Products descriptions published on our Website (including third-party material and advertisements);

(b) that the information on the Website is up to date; or any of the Products on the Website will remain available.

(3) These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible we limit our liability as follows, at our option:

(a) for any claims relating to these Terms, to the Purchase Price of the Products;

(b) in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or

(c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

(4) Turner Precision Engineering’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Turner Precision Engineering is the resupply of the information or Purchase Services to you.

(5) Turner Precision Engineering is not responsible or liable in any manner for any content or material on the Website (including the content of any third-party) posted on the Website or in connection with the Purchase Services, whether posted or caused by Members or users of the Website or by any other third parties.

(6) You acknowledge that Turner Precision Engineering does not provide the Delivery Services to you and you agree that Turner Precision Engineering will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

14. INDEMNITY

(1) You agree to indemnify Turner Precision Engineering, its affiliates, directors, officers, employees, agents, contributors, third party content providers and licensors from and against any breach by you of these Terms.

(2) You agree to indemnify Turner Precision Engineering and its affiliates, directors, officers, employees, agents, contributors, third party content providers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes arising from your breach of these Terms.

15. DISPUTE RESOLUTION

(1) A Party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.

(2) A Party claiming that a Dispute has arisen must notify each other Party to the Dispute giving details of the Dispute.

(3) During the 30-calendar day period after a Notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.

(4) If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute must be referred for mediation, at the request of any Disputant, to:

(a) a mediator agreed on by the Disputants; or

(b) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Disputants must submit the Dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.

(5) The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

(6) Any information or documents disclosed by a Disputant under this clause must be kept confidential and may not be used except to attempt to resolve the Dispute.

(7) Each Disputant must pay its own costs of complying with this clause. The Disputants must pay equally the costs of any mediator engaged.

(8) After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A Party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise if the parties have failed to resolve the dispute within thirty (30) calendar days after commencement of dispute resolution.

16. VENUE AND JURISDICTION

(1) The Purchase Services offered by Turner Precision Engineering is intended to be viewed by residents of Australia and New Zealand.

(2) In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia and you hereby submit to the personal jurisdiction of such courts.

17. GOVERNING LAW

The formation, interpretation, and performance of the terms and any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the substantive and procedural laws of Queensland, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

18. SEVERANCE

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

19. WAIVER

The failure of Turner Precision Engineering to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

20. FORCE MAJEURE

We accept no liability for any delay or failure to perform our obligations under these Terms if such a delay or failure is due to circumstances beyond our reasonable control.

21. ADVERTISING AND LINKS

The Website may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or implicitly, any endorsement by us of the site or the products or services provided at those sites. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.

22. FEEDBACK

(1) Your feedback is important to us. We welcome and encourage you to provide feedback, images, photos, reviews, comments and suggestions for improvements (collectively "Material") to our Website and our Products. You may submit Material by emailing us at nibbles@canibbletools.com.

(2) When you interact with any Turner Precision Engineering page, we may collect personal information that you make available to us subject to Turner Precision Engineering complying with its Privacy Policy.

23. OUR CONTACT DETAILS

(1) This Website is owned and operated by Turner Precision Engineering (ABN 68 105 521 168).

(2) Our principal place of business is at 3/53 Enterprise Street, Kunda Park QLD 4556, Australia

(3) You can contact us:

(a) by post, using the postal address given above;

(b) by telephone, on the contact number published on our Website from time to time;

Terms last updated 26 June 2020.