TERMS OF SERVICE
Terms of use
Welcome to our website. All purchases made from Cobratech.com.au are covered by the following terms and conditions. They contain the information regarding your legal rights and obligations, including exclusions and limitations that apply to you. When you place an order for any product from Cobratech, you (the “Customer / Consumer”) agree to be bound by the terms and conditions listed below. You and Cobratech agree that the following are the exclusive terms governing the sales transactions between Cobratech.com.au and the Customer. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Cobratech’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
Acceptance of agreement
You agree to the terms and conditions in this Terms of Use Agreement. This Agreement will be the main and only agreement between you and us. The Agreement may be amended by us at any time without prior notice to you. The Agreement will always be updated on this website, and you should always view the Agreement prior to any usage of this site.
Minimum age
Under these terms, only persons 18 years of age or older may make orders of our products or provide personal information to us. By doing any of the foregoing actions, you are representing to us that you are of 18 years of age or older, or that you have obtained the prior consent of your parent or legal guardian (who are 18 years of age or older) who have read, acknowledge and agree that the Terms apply to all users of the Site.
Privacy
Our privacy policy details our policies regarding the collection and use of your personally information. Please read in full and acknowledge our privacy policy before accessing our website or providing us with any personal information.
Conditions of Use
This Standard Terms and Conditions Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from Cobratech, or any of its subsidiaries or affiliates (collectively, “Cobratech“). By accepting delivery of the product purchased from Cobratech and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for product (s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you Cobratech. These terms and conditions are subject to change without prior written notice at any time, in Cobratech’s sole discretion.
Definitions
“We”, “us” and/or “our” means Cobratech (www.Cobratech.com.au).
“You” or “your” means the individual, customer, user or entity named on the invoice.
Payment Terms:
Orders; Interest. Advertised prices are in Australian Dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are within Cobratech’s sole discretion, and unless otherwise agreed to in writing by Cobratech, payment must be received by Cobratech before Cobratech’s acceptance of an order. Cobratech may invoice parts of an order separately.
Duties/Taxes:
Unless otherwise indicated on the face of the invoice, you are responsible for paying all duties and taxes associated with your order. Only Cobratech.com.au’s site has 10 Percent Australian GST included in the website price. If your destination country is other than Australia, You are responsible for paying all duties and taxes associated with your order.
Shipping and Title:
Cobratech will arrange to ship the product(s) you purchase to you. Title to the product(s) passes to you when Cobratech delivers it to the carrier and risk of loss passes to you when the shipper delivers product(s) to the address you designate. Title to software remains with the licensor of the software. Your use of the software is subject to license agreements applicable to the software. You must notify Cobratech of missing or damaged items in your order within two (2) days after you receive your product.
Cancellation:
Upon receiving an order, we immediately begin processing the order. As every PC we sell is customizable (or made-to-order), this includes ordering stock, committing staffing resources, administrative work, and other related procedures, all of which represent a cost to our business. Therefore, once an order is placed, we cannot accept a cancellation and offer a full refund, be it for change of mind or any other reason, without cost.
Cancellations can be handled in two ways:
1) Order cancelled and refund issued, minus a 25% restocking fee.
2) Order cancelled and a credit for the full amount provided, in the form of a coupon code to use on our website at any other time. This can be used in one full amount or multiple partial amounts.
We strongly recommend you consider this cancellation policy carefully before finalizing your purchase, as it is not negotiable.
Returns:
We do not normally give refunds or exchanges if you simply change your mind, purchased the wrong product, already knew of a fault in a product or we specifically advised you of a fault in a product, damage a product after purchase due to alterations not performed by us, damage the product due to unusual or non-recommended use, damage the product by any means where the damage is outside of our control, or when no proof of purchase is provided.
To request/submit a Refund, Return, Warranty, & Consumer Guarantee Claim, please email us at admin@Cobratech.com.au. Please note, that if the product is deemed NO FAULT FOUND for any warranty or consumer guarantee claim, a service fee up to $50 with any additional shipping charges may be applied; and any inspection or rejection fees by the relevant authorized service centre may also be applied. If a product is found to have been supplied to you in full compliance of Australian Consumer Law, we may require you to pay all costs associated with returning the item to you.
To be eligible for a Refund, Return, Warranty, & Consumer Guarantee Claim, you must:
If the manufacturer’s warranty applies, carefully review the details of the said warranty and ensure that you comply with the terms and conditions of the manufacturer’s warranty. Cobratech will not accept responsibility of non-compliance with the manufacturer warranty.
Report the details of the fault and return the good to Cobratech (via post or courier)
Provide proof of purchase when returning the goods
Stop using the faulty item
Ensure that reasonable care is taken while the goods are in your possession
Be sure that you did not cause the fault; i.e., the fault was not caused by the product being used in a non-recommended way. Such a use may be noted in the manufacturer’s warranty as rendering the manufacturer’s warranty void.
The product must not be lost, destroyed, or disposed of. There needs to be proof that the product has failed.
Not have reduced value by delay on the customer’s part. Please bring all faults to our attention as soon as they occur.
Cobratech reserves the right to reject a return, refund, warranty claim, or consumer guarantee claim if:
The customer changes their mind. This includes and is not limited to if the customer no longer requires the goods, if it was a gift that was unsuitable, or if the product was found cheaper somewhere else.
Consumers cause fault of the item in a way considered to be abnormal. Please check the manufacturer’s warranty to see if misuse has rendered the warranty to be void, or results from use that you wouldn’t reasonably expect the product to perform
Consumers damage the product where the damage is caused by any factor out of Cobratech’s control
Consumers damage the product by making alterations not performed by us
Consumers are unable to provide a proof of purchase (tax invoice)
Consumers are responsible for damaging the goods by not following care instructions or by exercising reasonable care of the item.
Site access restrictions:
You shall not under any circumstances do or perform any of the following:
use any code, software or otherwise that may interrupt or interfere with this website or the activities accessible through this website, or with the use of this website by anyone else;
data mining, hacking, carrying out any scanning or testing the security of this website and its servers; tracking, tracing, or seeking information of any other user or visitor of this site by any means;
use of the website, its contents, or its servers for any criminal, illegal or improper purpose, or as may be prohibited under these terms;
and making any comments or communications on the website that may be deemed by us to be libelous, defamatory or offensive to us, other users or any other third party.
We reserve the right to take any and all actions for the deterrence, prevention or to stop any activities related to the above prohibited actions.
Site warranty
The website and its content and materials are provided "AS IS" and to the maximum extent permitted by applicable law, we disclaim all representations and warranties regarding the website. We do not warrant that the website is free from bugs, viruses, malware or errors. Your access and use of the website is entirely at your own risk.
COPYRIGHT AND TRADEMARK
All material on this website is protected under the applicable copyright or trademark rights. The material mentioned includes, but is not limited to, the design, content, graphics and layout contained within the website. Copying, distribution, use or re-publication by you of the website, or any part of the website, is strictly prohibited except for personal use or non-commercial purposes. A proper acknowledgement of our site should be made in such cases. Some of the content on this site is also the copyrighted work of third parties, and these parties should be contacted should you wish to use their works. All other trademarks, product names or company names or logos present in the website are the property of their respective owners. No permission is given by us in respect of the use of any such trademarks, product names or company names or logos, and doing so may be an infringement of their respective owners' intellectual property rights. The website, or any part of it, or its contents may not be used by you in any litigation or arbitration matter.
LIMITATION OF LIABILITY
Cobratech TOGETHER WITH ITS DIRECTORS AND EMPLOYEES, IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE LOSS OR DAMAGES ARISING FROM (A) THE USE OR ACCESS OF THIS SITE; (B) ANY PRODUCTS PURCHASED THROUGH THIS SITE; AND (C) THE VIEWING OR USE OF ANY OF THE CONTENT OR MATERIALS CONTAINED IN THIS SITE.
Cobratech DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. Cobratech WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, Cobratech IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
INDEMNIFICATION
You agree to indemnify, defend and hold Cobratech and all its directors, employees and shareholders harmless from and against any and all liability and costs (including reasonable attorney's fees) that we may incur in connection with any claim arising from a breach by you of the Terms.
Returning goods to Cobratech:
We do not take responsibility for any goods damaged or lost in transit when the customer sends the product back to us for warranty, repair, or return. If the item is damaged in transit, the warranty may be void. If you are unsure of the packing required for the safe return of the item, please contact us. All PC systems are covered by a two-year warranty (from date of purchase). If your PC is faulty during this period, you can return it to us for repair (shipping fees may apply). Cobratech has a 36 Month Return-to-base Warranty for all computers purchased, starting from the date of purchase. Our technicians may take up to 7 to 14 business days to complete any return-to-base warranty claims. Products made from other manufacturers will have their own warranty information regarding faults/repairs. Please check with the manufacturer for any warranty return information. We may advise that your warranty will need to be processed through the manufacturer as they will be better positioned to process their warranty claims for repair or replacement.
Software:
All software is provided subject to the license agreement that is part of the package you receive from Cobratech. You agree to be bound by the license agreement once the package is opened or its seal is broken. Cobratech does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
Manufacturer’s Warranty:
Cobratech is not a manufacturer or authorized service centre. It is highly recommended that a customer contacts the product’s manufacturer’s technical support directly for any troubleshooting or technical support advice before you return the product to us for a warranty claim. Some of these manufacturers provided support services are free and will be able to provide you with the expert technical support to resolve your issue. This can assist with expediting the process with warranty claims with the manufacturer and Cobratech. Cobratech cannot apply for a warranty claim on the customer’s behalf with a manufacturer due to the Privacy Act.
If directed by the manufacturer to return the product back to us, please lodge a warranty request to admin@Cobratech.com.au
Cobratech Gaming PCs & Workstations:
Cobratech continually upgrades and revises its products and service offerings. Cobratech may revise and discontinue products at any time without prior notice to customers. Cobratech will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building Cobratech products are selected from new and equivalent-to new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The Cobratech branded hardware products are of the quality specified by Cobratech on its website and conform in all material respects with the Cobratech product specification current on the date such products were shipped. When placing an order, you the customer is guaranteed to receive the product as described in product description, provided price on our website and information provided to you. In special circumstances there may be a slight difference between the product customer receives and the product described in the description. In this case we will notify and get in touch with the customer prior to processing your order. For example, customer may order a specific branded graphics card with the gaming pc and the product customer receives has a different brand graphics card due to stock shortage, but is of the same performance or better.
ERRORS, CORRECTIONS AND CHANGES
We do not guarantee that the website will be free of errors, though we shall endeavor to do so with any feedback. We also reserve the right to make changes to the pricing, features, functionality or content of the website at any time, to edit or delete any documents, information or other content appearing on the website. Pricing changes may occur on the website. We can only guarantee your product price and specification once we receive your order and payment in full. We have the right to change product prices on our website without notice. We have the right to change product description on our website without notice. Once an order has been collected or shipped, we will not make any changes to the pricing on the invoice.
Software and Peripherals:
Any warranty and technical support provided on third-party products offered by Cobratech, such as computer monitors, speakers and other peripheral devices, as well as software, are provided by the original manufacturer and not by Cobratech. The warranties and technical support offered by such manufacturers may vary from product to product. Cobratech-branded software and peripheral devices carry the same warranty terms as those described in Warranties Sections above.
Not for Resale
You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale. Cobratech operates a direct to customer business model. Should you encounter another company selling Cobratech systems, you can check with us to find out if they are an official reseller.
REFUSAL OF BUSINESS
We reserve the right to refuse business to anyone and/or to cancel an order at any time. If any payments have been made in relation to a canceled order, all such payments will be refunded in full without interest upon the cancellation of the order. We reserve the right to fully refund and reject sales requests when we feel we are unable to properly meet your needs. Cobratech takes pride in our ability to deliver to a customer’s exact needs, and we will reserve the right to reject sales when we feel we can't deliver to our high standards.
THIRD PARTY WEBSITES
Links to third party websites are provided solely as a convenience to you. Cobratech is not responsible for such third-party websites, and you are advised to read each such websites' privacy policy and terms of use.
Miscellaneous Provisions
You will not register or use any Internet domain name that contains an Cobratech or Cobratech PC trademark or trade name (www.Cobratech.com.au) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired. This Agreement and any sales thereunder shall be governed by the laws of Australia/New Zealand, without regard to conflicts of laws principles.
Trademark:
You will not register or use any Internet domain name that contains a Cobratech trademark or trade name in whole or part or any other name that is confusingly similar.
SITE POLICIES AND MODIFICATION
We reserve the right to make changes to the website, these terms, and other policies at any time without notice. It is your responsibility to have read these terms and other policies prior to your use of the website.
PRODUCT INFORMATION POLICIES
Price Protection:
Cobratech’s website is updated frequently to ensure that listings reflect correct pricing and the latest products. At the time you make a purchase you agree to the listed price. The listed price is subject to change. We reserve the right to make corrections and changes to prices, products, and specifications without notice due to errors arising from misprints, technical, and human errors.
Product Images and other Images:
All product images on Cobratech’s website may vary from the actual product. All typographical errors are subject to correction. Please note that these images are only to be used as a point of reference and do not reflect the actual product. Product colours may slightly vary due to different monitors displaying different ranges of colours.
Product Descriptions and Specifications:
At Cobratech, we strive to ensure that every product description is accurate. However, specifications, features, documents, and graphics may contain technical inaccuracies or typographical errors. If an error is made or a product is listed at an incorrect price, we will correct the error as soon as possible.
Product Availability:
Product availability is subject to change at any time. Stock showing as available at time of ordering may sell out and be on backorder. We will fulfil your order as soon as possible and will notify you or update item status with an ETA when possible.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Cobratech and the customer shall be governed by the laws of Victoria or as defined by the Australian Consumer Law.
Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified to have the most similar result that is valid and enforceable under applicable law.
Waiver
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Limitation of Liability
Subject to ‘Competition and Consumer Act’ set out below our total liability with respect to any statutory guarantees (as that term is defined in the Competition and Consumer Act 2010 (Cth) (“CCA”)) when a problem with a product purchased by a consumer is major is limited to:
(a) payment to the consumer of the cost of purchasing the goods; or
(b) replacement of the goods or the supply of equivalent goods; or
(c) payment of an amount equivalent to any drop in the value of the goods as a result of the major failure.
Subject to ‘Competition and Consumer Act’ set out below our total liability with respect to any statutory guarantee owed to a consumer when a problem with a product purchased by a consumer from us is minor is limited, at our option to:
(a) the replacement of the goods; or
(b) the repair of the goods; or
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods.
All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) relating to these terms and conditions, that are not contained in it, are excluded to the fullest extent permitted by law.
Competition and Consumer Act
Nothing in this document excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy, implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified, which may include the Competition and Consumer Act 2010 (Cth) and corresponding provisions and relevant laws containing implied terms and/or statutory guarantees which operate to protect the purchasers of goods and services in various circumstances.