These Terms and Conditions constitute a contract between the customer (you) and BLACK EYE PRODUCTIONS.
1.1 In these Terms and Conditions “We”, “Our” or “Us” means Black Eye Productions; and “You” or “Your” means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
1.2 By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.
1.3 The Agreement together with your Order constitutes the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.
2. Legal Capacity
If you are under the age of eighteen (18) years you cannot place Orders with Black Eye Productions. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
3. Website Use
3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
3.2 You must ensure that your access to, or use of the Website is not illegal or prohibited by laws, which apply to You.
3.3 You must take Your own precautions to ensure that Your process for accessing the Website is secure and does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage, which may arise in connection with Your use of the Website.
4.1 All prices displayed on the Website are subject to change at any time without notice.
4.2 All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.
5. Product Specifications
5.1 Features and specifications of Products described or depicted on the Website are subject to change without notice.
5.2 All weights and dimensions of Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.
6.1 You may place an Order by following the instructions on the Website.
6.2 Orders will be deemed to have been received by Black Eye Productions at the time Black Eye Productions sends an Order confirmation to Your nominated e-mail address.
6.3 Black Eye Productions is an online business and will primarily communicate with Customers via e-mail. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6.4 Black Eye Productions may cancel Your Order at any time prior to dispatch of the Products.
6.5 In the event of an Order cancelled by Us, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
6.6 Black Eye Productions does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with Internet connections.
6.7 Black Eye Productions shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Black Eye Productions (or its affiliates), and Black Eye Productions shall be entitled to a reasonable extension of time for the performance of such obligations.
7.1 You may provide your nominated credit card during the purchase process described on the Website.
7.2 Payment for Orders will be processed immediately upon confirmation of Your Order.
7.3 If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
8. Delivery and ownership of the goods
8.1 We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Black Eye Productions does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8.2 The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Black Eye Productions and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e-mail address nominated in their Order.
8.3 Black Eye Productions will not deliver Products to PO Box addresses.
8.4 Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
8.5 The couriers or postal services nominated by Black Eye Productions will deliver Products during local business hours (9am to 5pm, Monday to Friday).
8.6 Black Eye Productions is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Black Eye Productions (as notified to the Customer) in relation to date and time of delivery. Black Eye Productions shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
9.1 Black Eye Productions warrants that the Products shall be substantially functional and free from defects in material and workmanship and shall materially conform to the manufacturer’s specifications for a period of 12 months from the delivery date unless specified otherwise at the time of ordering. This warranty shall not apply unless the Products are operated in strict conformance with the Documentation.
9.2 Written notice of any claimed defect must be given within seven (7) days after that defect is first discovered. Black Eye Productions’s obligation under this warranty is limited, at its option, to the repair or replacement of the Equipment, components, or parts. The repair or replacement will be made at Black Eye Productions’s designated plant or repair facility. The cost of delivery of the Equipment to those premises shall be the cost of Customer.
9.3 Notwithstanding anything in these terms to the contrary, Products that are not manufactured or developed by Black Eye Productions, but are supplied or sublicensed by Black Eye Productions, and which are wholly or partially integrated into a system are warranted only to the extent, and subject to the terms, of the original warranty given by the manufacturer to Black Eye Productions and set out in the documentation supplied with the Products.
9.4 The warranties in this clause shall not apply to Products requiring adjustments, correction, repair, or replacement, or increase in service time, caused by:
(a) electrical work external to the Products, or the attachment or use of accessories or other devices, including networking devices, not furnished, approved or recommended by Black Eye Productions;
(b) failure to properly maintain the Products;
(c) accident, neglect or misuse;
(d) alterations, including, but not limited to, any deviation from circuit or network designs or structural equipment recommended by Black Eye Productions, installation or removal of Product features not recommended by Black Eye Productions, and all other modifications not recommended by Black Eye Productions, whenever any of the foregoing is performed by any person other than those authorized by Black Eye Productions;
(e) failure to provide and maintain a suitable installation environment with all facilities specified by Black Eye Productions (including, but not limited to, failure of, or failure to provide, adequate electrical power, air-conditioning, humidity control) or from use of supplies or materials not meeting Black Eye Productions’s specifications;
(f) repair or replacement of consumable supplies or parts which have reached the end of their useful life;
(g) failure to update the Software as recommended by either the Documentation or by Black Eye Productions from time to time;
(h) viruses, Trojan viruses or worms or other malicious programs, or
(i) the use of a Product for other than the purposes for which designed.
9.5 To the extent permitted by laws such as the Trade Practices Act 1974 (C’th), Black Eye Productions makes no representation or warranty other than those set out in this Agreement and the warranties set out in this Agreement are expressly in lieu of all other warranties, express or implied, including, but not limited to, any express or implied warranty of merchantability or fitness for a particular purpose.
10. Refunds and returns
10.1 All refunds may take up to 14 business days to be processed.
10.2 The refunds are strictly limited to our Warranty and statutory obligations. We do not provide any refunds if you change your mind or fail to obtain information about suitability of the Products.
10.3 In order to facilitate a return under these Terms and Conditions, please contact us via support blackeyeproductions.com.au
10.4 The Customer must comply with directions from staff to facilitate a return.
10.5 Returned Products must be returned in their original packaging with all accessories, and must be in a re-saleable condition.
10.6 It is the Customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.
To the extent permitted by law:
- we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and
- our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
12.1 By placing your Order or otherwise contacting Black Eye Productions, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
13.1 Title and risk in the Products pass to the Customer upon delivery to the address specified by the Customer when placing the Order.
13.2 Black Eye Productions reserves the right to make changes to the Black Eye Productions Website and these Terms and Conditions without notice.
13.3 Any provision of these Terms and Conditions, which is void or unenforceable, may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
13.4 Any failure or delay by either party in exercising any right or remedy provided by or relating to this Agreement in one or many instances does not constitute a waiver and shall not prohibit that party from exercising that right or remedy at a later time within applicable statute of limitations or from exercising any right or remedy otherwise available.
13.5 This Agreement is governed by the laws of the State of Victoria and is subject to the exclusive jurisdiction of the Courts of that State.