By using Our Website http://poquetpatch.com or purchasing Goods from us, you agree to be bound by these Terms and Conditions which constitute a contract between you and us.In these Terms, we will refer to The Tech Panda Pty Ltd as “us”, “we”, or “our”.

1. Definitions

“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.

“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.

“Our Website” means the entire computing hardware and software installation that is or supports Our Website.

“Goods” means any of the Goods we offer for sale on our Website.

“Order” means the order submitted by you to purchase the Goods.

“Content” means material in any form published on Our Website by us or any third party with our consent.

“Material” means Content of any sort posted by you on Our Website

2. Our contract with you

These terms and conditions apply:

2.1 So far as the context allows, to you as a visitor to Our Website; and

2.2 in any event to you as a buyer or prospective buyer of our Goods.

2.3 Your orderwill be acceptedwith ane-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase andwhen we shall your order.

2.4 The terms that apply to you are those posted here on Our Website on the day you order Goods. Our Terms and Conditions may be subject to change or be updated accordingly abiding by Australian laws and regulations.

2.5 We cannot guarantee that Goods advertised on our website are available.

2.6 If the Goods in your Order are out of stock or unavailable, we will offer you alternatives. In this case, you may:

2.6.1 accept the alternatives we offer;

2.6.2 cancel all or part of your order;

2.7 If you purchase Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.

2.8 If we owe you money as a result of an agreed and authorised cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date of cancellation of your order.

3. Your account with us

3.1 You agree that you have provided, accurate and complete information about yourself and will update us with any changes of this information. We require this information to complete the order and provide you with the Goods.

3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

3.3 You agree to accept all responsibility for any activities that occur under your account or password. You will inform us immediately if you believe your account has been accessed without your authority You are also required to log in to your account and change your password.

3.4 We reserve the right to refuse you access to Our Website.

4. Price and Payment

4.1 We strive to routinel keep our website and prices of accurate and updated but it is possible that the price may have change since the last publishing. If that happens, we will not send your order until you have confirmed that you wish to proceed with your order at the new price.

4.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.

4.3 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

4.4 Prices include Australian good and service tax.

5. Delivery

5.1 Deliveries will be made by post / a carrier instructed by us to the address provided in your Order.

5.2 We may deliver the Goods in instalments if they are not all available at the same time for delivery.

5.3 Goods are sent by post.

6. Cancellation of order

6.1 You may cancel your order at any time before we dispatch your order.

6.2 If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.

6.3 This paragraph does not affect your rights in the event that the Goods are faulty.

7. Goods returned. We to ensure your absolute satisfaction. However, we acknowledge that there is apossibility of errors. This paragraph covers that possibility.

If you are not completely satisfied with the Goods you have purchased, please inform us at the earliest opportunity the following:

7.1.1 a detailed description of the fault;

7.1.2 the date of when the fault became apparent;

7.1.3 when and how you discovered the fault;

7.1.4 a detailed description of how that fault affected your usage of the Goods;

7.2 If you wish to submit a claim by returning a faulty product, it is essential that you take the following procedure: 7.3 You must inform us by email message to poquetpatch@gmail.comor by letter to our address on the Contact Us page, indicating that you that you would like to return goods, specifying exactly what goods and when purchased along with the Order number and providing full details of the defect or other reason for return. We will then respond to you accordingly and if we determine return of the goods is warranted, we will issue a returns authority. If you send goods to us without a returns authority, we may reject them.

7.4 The Goods must be returned to us as soon as any defect is discovered and

7.5 In the case that Goods should be returned:

7.5.1 both goods and all packaging as much as possible in their original condition;

7.5.2 securely wrapped for delivery;

7.5.3 including a copy of our Tax Invoice;

7.5.4 at your risk and own delivery cost.

9. Content and Intellectual Property Rights

9.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

9.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider.   We will strongly protect those rights in all countries.

9.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

9.4 You may not use our name or logos or or any other Content on any website of yours or that of any other person.

9.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

10. Your email address

10.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

10.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

10.3 You acknowledge and agree that we shall not be liable to you we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

11. System Security

11.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.

11.2 You agree that you will  and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

11.3 You may not use any software tool for the purpose of extracting data from our website.

11.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

12. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

13. Miscellaneous provisions

13.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

13.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

13.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.

13.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

13.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

13.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

13.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

13.8 This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.