Terms & Conditions of Use

Last updated: 16 July 2020

Welcome to Traffic Safety Systems! The website trafficsafety.com.au (the "Website") is owned and operated by Talavera Market Pty Ltd (“TSS”, “we”, “our”, or “us”).

These Terms and Conditions of Use (“Terms”), which incorporate our Privacy Policy and other documents referred to within these Terms, govern the supply of any products ordered by you on the Website and your use of the Website.

User Agreement

By accessing, browsing and using the Website or ordering a product, you agree to be bound by the Terms. If you do not agree to these terms and conditions, please do not use this Website.

We reserve the right to amend these Terms from time to time. Amended Terms come into effect from the time they are posted on the Website. You should review this page regularly to ensure that you are aware of any changes to the terms prior to placing an order. Your continued access to or use of this Website on and from that time signifies your acceptance of the replacement or amended Terms.

Access and Use of the Website

You must not (or attempt to) use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

We reserve the right to change this website, including price details at any time without notice.

Information on the Website

The Website and its content are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to TSS.

You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website, including audio and video excerpts, except as permitted by statute or with our prior written consent.

Information about products on the Website is based on material provided by third party merchants, suppliers and manufacturers. Except as required by law, we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us by these third parties.

Placing Orders & Delivery

The products listed on this Website constitute an invitation to treat and is not capable of acceptance by you. Any order made by you will be deemed to be an offer made by you to purchase the relevant products or services subject to these Terms.

The prices of products, delivery and any other charges shown are in Australian dollars and include any applicable Australian Goods and Services Tax (GST). You must pay for the order in full at the time of ordering by one of the payment methods we accept on the Website prior to dispatch of the products.

When you place an order, you will receive an order confirmation by email from us. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the products will not be formed until you receive a shipment confirmation email from us.

We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we cannot guarantee firm delivery dates or times. Delivery times indicated on the Website are indicative only.

We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit in the event we cannot fulfil your order. If the product depicted has been replaced by a substitute, you will be informed before payment and offered the chance to cancel the order.

We aim to depict products available for order using accurate images. At times, however, goods delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on this Website. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes and may not be an exact representation of the products received.

Please note that all sales via TSS are final and change of mind returns and refunds are not accepted. We encourage our customers to contact our customer service representatives prior to purchase to ensure the goods are appropriate for their intended use.

Our change of mind returns and refund terms do not exclude or replace any rights you may have under the Australian Consumer Law, regulations or otherwise as required by law. The following may apply if you are a Consumer as defined under the Australian Consumer Law: the Australian Consumer Law provides certain guarantees to consumers when they purchase goods and these guarantees cannot be excluded, restricted or modified. These consumer guarantees are different to, and separate from, our sales terms, which are given voluntarily by us. The time limit of consumer guarantees varies depending on the price and quality of the goods and may extend beyond this warranty or any applicable warranty provided by the manufacturer of the goods. You may be entitled to a replacement or refund for a major failure, and to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in our terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.

Registration and User Requirements

Access to certain areas of this Website may be restricted. We reserve the right to restrict access to areas of this Website at our discretion. If we provide you with a user account and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user account and password are kept confidential and up to date. We may disable your user account and password in our sole discretion without notice or explanation.

If you provide us with any personal information our [ Privacy Policy ] will govern how we will use or disclose that information. Please review and understand our [ Privacy Policy ].

Disclaimer and Liability

To the fullest extent permitted by law, we do not warrant, and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Website. Nothing on this Website constitutes, or is meant to constitute, advice of any kind.

It is your responsibility to ensure that the products are appropriate and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.

If you require advice in relation to any legal, regulatory or applicable standards, you should consult an appropriate professional.

General

These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site.

If any part of these Terms is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.

We will not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, pandemic or epidemic, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

These Terms will be governed by and interpreted in accordance with the laws of the state of Victoria, Australia. Both parties irrevocably submit to the exclusive jurisdiction of the courts of the state of Victoria, Australia.

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