Terms of service
This website and any associated applications (“Site”) is owned and operated by Brabus PA Franchising Pty Ltd ACN 128 193 359 as trustee of the Brabus PA Franchising Trust (“Price Attack”, “we”, “us” or “our”).
The Terms and Conditions governing the use of this Site comprise these terms and conditions, any policies or other terms and conditions appearing on this Site and any laws or regulations applicable to this Site (“Terms and Conditions”).
Acceptance of Site Terms & Conditions
By accessing, using, making a purchase or browsing this Site you agree to be lawfully bound by the Terms and Conditions governing this Site. Price Attack may amend or modify the Terms and Conditions without notice by posting the amended Terms and Conditions on this Site.
Site Terms & Conditions
Restriction on Use of This Site
Information provided on this Site is for personal non-commercial use. You must have parental or guardian approval to access and use this Site if you are not 18 years of age or over. When using this Site you must not, and you must not attempt to, interfere with any security related features of this Site, any functions of this Site, modify the content of this Site, disrupt or otherwise interfere with this Site or the equipment supporting and hosting this Site, including servers and the network, or use the Site for data gathering, including by use of robots, screen scraping or other data mining tools or data extraction tools.
Information on the Site
We endeavour to be as accurate as possible in the information provided on this Site. While care has been taken in providing information on this Site, including information about products and product descriptions, to the extent permissible by law Price Attack, its employees, related parties, directors, officers, agents, contractors, and collaborators do not warrant the accuracy or completeness of the information provided and do not accept liability, including for any loss or damage, that results from reliance on information provided on this Site.
Intellectual Property Rights
All trademarks, including logos and brand names, photographs, video, text, information, look and feel, images, music, sounds, audio, designs, data compilations and software, and other materials used on this Site are protected by trademark, copyright, and intellectual property law in Australia.
Unless otherwise indicated reproduction of any part of this Site is unlawful. Unless otherwise indicated Price Attack trademarks, copyright material and other material protected by copyright may only be reproduced with the written consent of Price Attack. Where reproduction is permitted that reproduction may only be used for personal non-commercial purposes.
Hyperlinks, Third-Party Content & Advertising
This Site may contain hyperlinks to third party content and websites, third party content, paid advertising and other material derived from third parties (“Third Party Content”). The presence of Third-Party Content on the Site, for example information pertaining to LayBuy and other product information, or hyperlinks to Third Party Content is not to be taken as a recommendation, endorsement or approval of the Third-Party Content by Price Attack, its employees, related parties, directors, officers, agents, contractors, and collaborators. Price Attack, its employees, related parties, directors, officers, agents, contractors, and collaborators do not warrant the accuracy or completeness of any Third-Party Content and does not warrant a third-party website is free of viruses or malware. Any complaint relating to Third Party Content accessed through a hyperlink on this Site should be directed to the third-party website containing the Third-Party Content.
Privacy
Our Privacy Policy sets out information regarding how we deal with your personal information. Please see our Privacy Policy Page.
Cookies
In relation to this Site, you consent to us using and gathering data using cookies, which you may be able to disable through your browser.
Reviews & Comments
Throughout the use of the site users may be invited to review certain products, or request information in relation to products or participate in forums (‘Content’). If you do submit such Content, you give Price Attack permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these terms and conditions and your use of the site. You also permit Price Attack to publish your first name and State or Town in association with any Content provided by you.
By submitting Content, you represent and warrant that:(a) you understand that you are participating in a public forum and that your Content will be available to all other users of the site; (b) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorise Price Attack to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the site and these terms and conditions; (c) you waive any and all existing and future moral rights (as defined in the Australian Copyright Act 1968 (Cth)) in the Content; (d) all Content that you post is accurate; (e) You are at least 18 years old or, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the site and agree to these terms and conditions; and (e) that the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity.
You also represent and warrant that any Content you submit: (a) is not false, inaccurate or misleading; (b) does not harm minors; (c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; (d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business; (g) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; (h) is not submitted for compensation or other consideration from any third party; (i) is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and (j) does not contain any computer viruses, worms or other potentially damaging computer programs or files. Users must not post Content which seeks to impersonate any person or entity, including, without limitation, any Price Attack personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. Users may not use the site to collect or store personal data about other users.
Price Attack reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by a user will be excluded if it violates the Agreement regarding submission of Content.
User reviews of products in no way represent the views or opinions of Price Attack or its owners, shareholders, employees or others, but are the sole product of its creator. Price Attack disclaims all liability with respect to the Content.
Purchase of Products
Pricing
Prices for products on the Site are in New Zealand Dollars and include GST. Unless otherwise indicated all charges are in New Zealand Dollars.
Your Account
If you have an account on the Site you are responsible for the confidentiality of your account information and password, and for securing your computer. You are also responsible for ensuring the information is current and correct.
If you are using an account on the Site that is not your account you represent and warrant to us that you have authority to use that account and to legally bind the account holder to these Terms and Conditions and, to the extent you do not have authority to use the account, you assume all liability under these Terms and Conditions.
Place an Order
Products may only be purchased for non-commercial use, with the exception of purchases made using ‘Trade’.
When placing an order, you agree to follow the instructions and read any terms attaching to the placing of that order.
Orders may only be placed on the Site by persons who are 18 years of age or over. If you are not 18 years of age or over must have parental or guardian approval to place an order on the Site and parents and guardians must read and consent to these Terms and Conditions.
We reserve the right to decline fulfilling an order for any reason. In the event your order is declined any amount paid by you in respect of that order will be refunded to you.
Credit Checks
By placing an order with us you consent to us conducting credit checks and to receive or convey information about you from and to third parties, including credit reporting bodies.
Gift Cards
Gifts cards may not be used to place an order on this Site.
Use of Product
When you place an order for a product on this Site you agree to use the product only for the purpose intended and in accordance with the instructions provided by the manufacturer.
Delivery
If orders are place separately, they cannot be consolidated into a single order, and you will be liable to pay the delivery amount attached to each separate order.
If products are to be delivered to a person other than you, you undertake to obtain consent to give their personal details to us.
If any details provided by you to us are incomplete, incorrect, or not current, to the full extent permitted by law, we will not be liable to you or a third party for a failure or delay in processing an order.
We use various freight companies (Delivery Company) to deliver the order.
We do not ship to PO Boxes. All parcels must be delivered to an address other than a PO Box.
You acknowledge and agree that, to the fullest extent permitted by law, we are not liable for any delays in delivery or damage to the products during transit, including direct or indirect loss, consequential loss, including damages for loss of profits, punitive and loss of opportunity.
You acknowledge and agree that it is your responsibility to take delivery of the order promptly during the delivery time of the Delivery Company. If you are not available to take delivery the Delivery Company may leave instructions on where to pick up the order or attempt to re-deliver the order at their sole discretion. You acknowledge and agree that the order may be returned to us if you do not take delivery or collect your order as instructed by the Delivery Company and that you may be charged an additional delivery fee for re-delivery of the order.
In the event an order is returned to us undelivered we may charge a fee for re-delivery.
In the event we are unable to deliver the order to the address instructed we will inform you, cancel the order and refund the cost of the order to you.
In the event that we genuinely provide you with the incorrect product please contact us within 48 hours of receiving the product at support@priceattack.co.nz or call us on +61 07 3215 6000. We will provide you with information on the process for the supply of incorrect goods and you will be provided with the correct product without further charge.
You acknowledge and agree that, the fullest extent permitted by law, on delivery of the order risk in the product transfers to you.
Customs & Duty Charges
Price Attack is not responsible for customs or duty charges and restrictions that vary from country to country and result from the importation or certain products. The purchaser remains responsible for all charges and fees incurred.
Cancellation
If your product is not available we will contact you, cancel the order and return to you any money paid in respect of that product.
Once an order is placed the order cannot be cancelled.
Returns Policy
Our Returns Policy sets out information regarding how we process returns, exchanges and refunds. Please see our Returns Policy Page.
General Terms
Limitation of Liability
You acknowledge and agree that, to the fullest extent permitted by law, Price Attack, its employees, related parties, directors, officers, agents, contractors and collaborators exclude liability, including direct or indirect loss, consequential loss, including damages for loss of profits, punitive and loss of opportunity, incurred that may arise from the use of the Site, including through the use of content and information, inaccuracies or incompleteness in the content, Third-Party Content, any interruption to your business, computer viruses, corruption of data, delays in delivery, system malfunctions and failures, or other events beyond our control.
To remove doubt nothing in these Terms and Conditions seeks to limit or exclude any consumer guarantees or other statutory rights except to the extent permitted under the Australian Competition and Consumer Act 2010 (Cth), or to limit any or exclude any liability except to the extent permitted by law.
Indemnity
You agree to indemnify and keep us indemnified against any damage, loss or costs incurred by us in connection with your use of the Site, a breach of these terms, any inaccurate or false information provided by you, or the contravention of any law in connection with your use of this Site.
Waver
No waiver of a breach these Terms and Conditions by will be construed as a waiver by us of any other past or future breach of these Terms and Conditions.
Severability
Where a provision of these Terms and Conditions is held to be unlawful, void, invalid or otherwise unenforceable, that part or provision will be severed to extent necessary, and the remainder of the Terms and Conditions will remain in full force and effect.
Termination
We may immediately, without issuing notice, suspend or permanently prevent you from accessing the Site in part or in whole if, in our reasonable opinion, you breach a provision of these Terms and Conditions.
Notices
Notices must be in writing and may be given by email unless otherwise stated in the Terms and Conditions or subsequently stated in writing by us.
Force Majeure
We are not liable for a breach of our obligations under these Terms and Conditions if we are unable to fulfil our obligations due to an event beyond our reasonable control, including severe weather, fire, flood lightning, natural disaster, strikes, malicious damage, telecommunication or power or computer network failure, violent or disruptive events and events associated with any of these events.
Interference with The Site
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this site or any material or content displayed on the site.
Jurisdiction
Price Attack (www.priceattack.co.nz) is created and controlled in Queensland, Australia. These Website Terms and Conditions are governed by and construed in accordance with the State of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in respect of any claim arising out of these Terms and Conditions.