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Terms & Conditions

Last updated on 1st September 2019

Welcome to ScissorKing.net.au

Bertchel Pty Ltd (ABN 32 605 930 961) and its affiliates ("Scissor King") provide website features and other products and services to you when you visit or shop at ScissorKing.net.au (the "website"), use Scissor King products or services, use Scissor King applications for mobile, or use software provided by Scissor King in connection with any of the foregoing (collectively "Scissor King Services").

The Scissor King Services include the information, content, materials, products, and software included on or otherwise made available to you through the Scissor King Services and references to the Scissor King Services in these Terms & Conditions of Use & Sale include any or all of these. Scissor King provides the Scissor King Services and sells our products to you subject to the conditions set out on this page. "Scissor King" is a registered business name of Bertchel Pty Ltd.

Terms & Conditions of Use

Please read these conditions carefully before using Scissor King Services. By using Scissor King Services, you agree to be bound by these conditions.

1. PRIVACY

Please review our Privacy Notice which also govern your use of Scissor King Services, to understand our practices.

2. ELECTRONIC COMMUNICATIONS

When you use any Scissor King Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Scissor King Services. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. COPYRIGHT AND OTHER RIGHTS

All content included in or made available through any Scissor King Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Scissor King or its content suppliers and is protected by Australian and international copyright and authors' rights laws and (where applicable) database right laws.

Other than to the extent necessary to use any Scissor King Service for its permitted purpose and in accordance with these Terms & Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilise any content of any Scissor King Service without our express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of any Scissor King Service or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Scissor King Service or its content without our express written consent.

4. TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Scissor King Service are trademarks or trade dress of Scissor King. Scissor King's trademarks and trade dress may not be used in connection with any product or service that is not Scissor King's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Scissor King. All other trademarks not owned by Scissor King that appear in any Scissor King Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Scissor King. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of Scissor King without our express written consent. You may not use any meta tags or any other "hidden text" utilising Scissor King's names or trademarks without our express written consent.

5. RIGHTS OF ACCESS AND USE

Scissor King or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of the Scissor King Services. The right granted to you does not include any license or permission to use the Scissor King Service or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of any Scissor King Service or any part thereof.

All rights not expressly granted to you in these Terms & Conditions of Use or any Service Terms are reserved and retained by Scissor King or its licensors, suppliers, publishers, rights holders, or other content providers.

You may not misuse the Scissor King Services. You may use the Scissor King Services only as permitted by the relevant Service Terms and in accordance with law. Without limiting any other rights we have at law and under these Terms & Conditions of Use or the relevant Service Terms, the access and use rights granted by Scissor King under these Terms & Conditions of Use terminate if you do not comply with this Section 5.

6. YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you, and we are not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. You must ensure that the details you provide to us are correct and complete, and inform us of any changes. You can access and update certain information you have provided to us, and your account settings, in the Your Account area of the website.

You may not use any Scissor King Service: (i) in any way that causes, or is likely to cause, any Scissor King Service, or any access to it to be interrupted, damaged or impaired in any way, (ii) in any way that may interfere with or harm any other user of an Scissor King Service; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv) in any manner that is not permitted under these Terms & Conditions of Use and the relevant Service Terms.

If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws, these Terms & Conditions of Use, or the relevant Service Terms, we reserve the right to take action on your account in accordance with these Terms & Conditions of Use, and the relevant Service Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account; or (iv) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on the Scissor King Service, the circumstances and our assessment of relevant factors. Suspension or termination of an Scissor King Service may occur in connection with, or result in suspension or termination of other Scissor King Services. At any time, you may, in accordance with the applicable Service Terms and using the tools and settings we make available to you for each Scissor King Service, cease using any Scissor King Service, terminate your account or the Scissor King Service, or remove or edit certain content and material you post (each as permitted by that Scissor King Service).

7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit such content. .

If you post content or submit material, and unless we indicate otherwise, you grant: (a) Scissor King a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Scissor King, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Scissor King, at our request.

You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Terms & Conditions of Use and any applicable Service Terms; and (iii) does not breach any applicable laws. You agree to indemnify Scissor King for all claims brought by a third party against Scissor King arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.

8. DISCLAIMER AND LIABILITY

Unless otherwise specified in writing, Scissor King disclaims, and does not make, any representation or warranty of any kind in respect of the Scissor King Services including without limitation any representation or warranty (i) that they are free of viruses or other harmful components; (ii) that your use of the Scissor King Services will be uninterrupted or error-free; or (iii) as to the suitability or availability of the Scissor King Services.

Scissor King will not be responsible for: (i) losses arising from the unavailability of, or your inability to use any Scissor King Services), (ii) losses that are not directly caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to an Scissor King Services, we limit our liability to the amount you have paid to us for the relevant Scissor King Service.

Nothing in these conditions is intended to (i) override any express commitments Scissor King gives to you for particular Scissor King Services (for example, commitments Scissor King gives to provide a refund of fees in certain circumstances) or (ii) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non excludable right or remedy.

9. APPLICABLE LAW

The laws of Western Australia govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of Western Australia. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please email us at contactus@scissorking.net.au.

10. SCISSOR KING SERVICES

We reserve the right to cease providing any Scissor King Service to you, to discontinue any Scissor King Service and to make changes to any Scissor King Services at any time. Your access to Scissor King Services may be suspended or restricted in accordance with these Terms & Conditions of Use and the applicable Service Terms, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.

11. AMENDMENTS

We reserve the right to make changes to any Terms & Conditions of Use and Service Terms at any time by posting the changes on our website. You will be subject to the Terms & Conditions of Use and Service Terms made available on the website at the time that you use the Scissor King Services. You may at any time, cease using any Scissor King Services, terminate your account or the relevant Scissor King Service (in accordance with Section 6) including in the event of any such change.

12. SEVERABILITY

If any of these Terms & Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

13. WAIVER

If you breach these Terms & Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms & Conditions of Use.

14. CHILDREN

We do not sell products for purchase by children. If you are under 18 you may use the Scissor King Services only with the involvement of a parent or guardian.

15. OUR CONTACT DETAILS

For general inquiries please email us at contactus@scissorking.net.au

Address for service of notices for Bertchel Pty Ltd is 4 Money Street, Perth, WA 6000

Terms & Conditions of Sale

These Conditions of Sale govern the sale of products on ScissorKing.net.au by Bertchel Pty Ltd (ABN 32 605 930 961) trading as "Scissor King” to you.

Please read these conditions carefully before placing an order for products sold by Scissor King, by placing an order you agree to be bound by these conditions.

1. OUR CONTRACT

With respect to products sold by Scissor King, your order is an offer to us for you to buy the product(s) in your order. When you place an order to purchase the product(s) from us, we will send you a message confirming receipt of your order and containing the details of your order (the "Order Confirmation"). The Order Confirmation is acknowledgement that we have received your order, and does not confirm our acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product(s) to you and send e-mail confirming that we've dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation. Your contract of sale is with Bertchel Pty Ltd. You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation if an electronic invoice is available.

Please note that we sell products only in quantities which correspond to the typical needs of an average business and may refuse orders for quantities that exceed this. This applies both to the number of products ordered within a single order and the placing of several orders for the same product.

2. PRICING AND AVAILABILITY

All prices are inclusive of GST.

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

3. DELIVERY TIMES

Unless otherwise stated on the website, delivery estimates and dates are just estimates. They are not guaranteed delivery times and should not be relied upon as such. Where we provide a guaranteed delivery date and a delivery attempt is not made for the relevant shipment by that date, we will refund any delivery fees associated with that shipment, and otherwise we are not liable to you for late deliveries. Where estimated delivery times apply, you are still entitled have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, you may cancel your order at any time prior to dispatch in accordance with Section 2.

4. PRODUCT INFORMATION

Unless expressly indicated otherwise, Scissor King is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, products and any product packaging and materials may be different from that displayed on our website. All information about the products on our website is provided for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the product in accordance with our returns policies and your statutory rights. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use. In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, contact the manufacturer, or report the concern to us.

Scissor King accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

5. DISCLAIMER AND LIABILITY

Unless otherwise stated in writing, Scissor King disclaims, and does not make, any representation or warranty of any kind in respect of any product we offer on the website or that you may order from us. Scissor King will not be responsible for (i) any loss arising from the unavailability of any product; (ii) losses that were not caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; or (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This Section 5 does not affect your rights under Section 3. Unless otherwise stated in writing, our liability to you for any loss arising from or relating to the offer or sale of any product by us on the website is limited to a refund of the relevant amount paid for the product (including applicable shipping fees).

The disclaimers, exclusions, and any other limitations on Scissor King's liability in this Section do not override any express commitments Scissor King gives to you (for example, in respect of Guaranteed Delivery as described in Section 3).

Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.

6. APPLICABLE LAW

The laws of Western Australia govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of Western Australia. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please email us contactus@scissorking.net.aucontact us.

7. AMENDMENTS

We reserve the right to make changes to our website, these Conditions of Sale, our policies, and our listings at any time by posting the changes on our website. You will be subject to the Conditions of Sale and policies available on the site at the time that you order products from us.

8. SEVERABILITY

If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

9. WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

10. CHILDREN

We do not sell products for purchase by children. If you are under 18 you may only use ScissorKing.net.au with the involvement of a parent or guardian.

11. OUR CONTACT DETAILS

For general inquiries please email us at contactus@scissorking.net.au

Address for service of notices for Bertchel Pty Ltd is 4 Money Street, Perth, WA 6000