General Terms and Conditions for www.atulv.com
These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from?www.atulv.com.
Please read the following Terms and Conditions carefully before placing Your Order or using www.atulv.com. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
Products which are offered and supplied by Alpine are referred to herein as Alpine Products.
These Terms and Conditions constitute a contract between the customer (You) and Alpine.
In these Terms and Conditions We, Our or Us means Alpine; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for use of the website and or the supply of Products.
The Agreement together with Your Order constitutes the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.
If you are under the age of eighteen (18) years you cannot place Orders with Alpine. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
3.6 Social Media
3.6.1 Alpine uses a number of social media sites (e.g. Twitter, YouTube, Facebook, Instagram and Pinterest); but these may change over time. We reserve the right to cease any such sites in our discretion. Our own Sites may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users.
3.6.3 Alpine does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users or members on Sites or Alpine’s social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views.
3.6.4 Users must not post or upload any comment, content or link to the Sites or Alpine’s social media sites which does not comply with these Terms, including if it is defamatory, harassing, bullying, indecent or inflammatory.
3.6.5 Alpine may moderate user-posted content and may remove any content that, in Alpine’s opinion, is inappropriate. While we review content regularly, there may be times when inappropriate or content is viewable before it can be removed.
3.6.6 Alpine does not undertake to inform users when such content has been moderated or removed. Alpine may provide warnings, or otherwise block or suspend users or their accounts in our sole discretion.
3.6.8 Alpine may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns involving Alpine) at any time in the future, and via any media;
3.6.9 Alpine does not accept any responsibility or liability where content is downloaded from the Sites, or in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and Alpine does not accept any liability for such actions;
Use of this web site for any of the following is prohibited: Receiving, accessing, or transmitting any material that is?offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;?Uploading files that contain viruses or are corrupted and may damage the operation of other computers or systems;?Disturbing the public order;?Criminal acts;?Uploading or distributing any third parties’ private information;?Use for any commercial purpose; and?Any other activities that are unlawful or prohibited by the law of the jurisdiction in which you are located.
Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:
by agreement between You and Us in writing or by email; or
in accordance with clause 7.4.
4.2 Delivery Costs
All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order. All customer orders are delivered to the Alpine Authorised Dealer of your choice.
4.3 Authorised Dealer Pricing
Prices posted on the Alpine web site are based on Alpine’s suggested retailed prices and may differ from the prices our authorised dealers are advertising. The suggested retail price is provided as an indication only and there is no obligation upon Alpine’s authorised dealers to comply with such price. Although we make every effort to provide accurate information on the web site, errors may occasionally occur. Prices and availability are subject to change without notice and all prices are inclusive of GST
4.4 Pricing and GST
Alpine always seeks to list Products with the most competitive prices. Alpine reserves the right to change prices for Products displayed by Alpine at any time. At Alpine we make every effort to maintain prices, however factors beyond our control (such as changes in foreign currency exchange rates, changes in base material costs etc.) may vary cost and we reserve the right to amend prices accordingly and without notice. All prices include Australian Goods & Services Tax (GST) of 10%.
We do not give any assurance that any information on this web site will be accurate or that any product will be suitable for your purposes or that it will be error free. You agree that you will not rely on any such information or its availability and that any reliance you make will be on your own independent assessments. The information contained on this Alpine Online Store is subject to change without notice. Further, all prices quoted on this Alpine Online Store are indicative prices only. ??Products may differ in appearance from the pictures appearing on this Alpine Online Store.
Alpine, its agents and employees will not be liable for any loss or damage arising directly or indirectly from the possession, publication or use of or reliance on information obtained from this Alpine Online Store web page. Such information is provided in good faith without express or implied warranty.
Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.
All weights and dimensions of Products described in the Website are approximate. All screens and all screen images contained on the Website are simulated unless otherwise indicated.
You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).
Orders will be deemed to have been received by Alpine at the time Alpine sends an Order confirmation to Your nominated email address. We do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each Order placed, for the purpose of preventing credit card or payment fraud. Alpine reserves the right to refuse service, remove or edit content, terminate Order/s, or change Order/s at its sole discretion.
Alpine will primarily communicate with Customers via email. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence.
Alpine reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).
In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with email confirmation of the cancellation and refund.
Alpine does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
Alpine shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Alpine (or its affiliates), and Alpine shall be entitled to a reasonable extension of time for the performance of such obligations. All Customer Account orders will be delivered to the Customer’s closest Alpine Australia Authorised Dealer.
Where you have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
6.9 Product Availability
New Products?– Occasionally, due to circumstances beyond our control, new products may be delayed from the time they are displayed on the Alpine Online Store. These will be marked with the description ‘Coming Soon’ and you will be able to order the product before stock arrives.
Temporarily out of Stock – There may be times when we cannot supply an item. Mostly, it is only out of stock for a short period of time. If you want more information on when an item will become available again, please contact your local specialist Alpine dealer and advise them of the stock code, and the product description in the subject line and we will reply with an estimated time of arrival on the item.
Sold out Items?– Some Items are sold for a limited time only, and once sold out will not be backordered. In this case, no further stock will be ordered once sold out, unless Alpine, at its discretion, decides to order further stock of the item. If an item can be backordered, it will state so within the product/s listing details and specifics.
Out of Stock Items?– Items are back ordered and you will be advised when delivery is expected. Payment will only be processed when the goods are available for immediate dispatch.
You may provide your nominated credit card during the purchase process described on the Website. Alpine currently accepts Paypal, credit card via Paypal and credit card direct with Alpine. Paypal accepts Visa and MasterCard credit cards and Alpine accepts Visa and MasterCard credit cards. If your Paypal payment is funded by an echeque this may substantially delay processing your Order while payment clears.
Payment for Orders will be processed upon confirmation of Your Order.
If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until Your Order has passed our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. 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 the stated price on the Website, We will charge the lower amount and send you the Product, or where the higher incorrect price has been charged, we will refund the price difference and send you the Product.
International orders are not permitted. Shipping is Australia wide only.
7.6 Credit Card Fraud
Whilst Alpine employs the latest in security technology software for its transactions with our customers, Alpine will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Alpine does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Alpine. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by email via the e- mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund in accordance with the?Returns Policy?at any time prior to dispatch of the Product(s).
All orders from Customer accounts will be delivered to the nearest Alpine Australia Authorised Dealer. Alpine will not deliver Products to PO Box addresses.
Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
The couriers or postal services nominated by Alpine will deliver Products during local business hours (9am to 5pm, Monday to Friday).
Alpine is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Alpine (as notified to the Customer) in relation to date and time of delivery. Alpine shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
Alpine reserves the right to not ship to remote or rural locations.
Alpine will repair, replace or refund faulty or damaged Products in accordance with the?Warranty Terms and Conditions?and Your rights under the Australian Consumer Law.
We are not obliged to give you a refund for functioning goods in the event that you change your mind. We will however, replace or repair faulty goods, if the goods are accepted by us as Faulty On Arrival (FOA).
Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
Refunds are strictly limited to those available under clauses implied by statute.
The Customer must comply with directions from staff to facilitate a return.
Returned Products, under the Returns Policy must be returned in their original Alpine packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original Alpine packaging.
Subject to clause 10.8, it is the Customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.
Where you are returning a Product to us because of our failure to comply with a consumer guarantee, you must return the Product to us at your cost unless the Product cannot be returned, removed or transported without significant cost to you because of:
10.7.1 the nature of our failure to comply with the consumer guarantee, or
10.7.2 the size or height, or method of attachment, of the Product.
Where you are returning a Product to us, we take no responsibility for a Product lost in transit.
If subsection 10.7.2 applies, we will, within a reasonable time, collect the Products at Our expense.
We will replace or repair goods found to be faulty but goods are sold subject only to statutory warranties. Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
Warranty does not cover any product not distributed by Alpine Electronics of Australia Pty. Limited in Australia or purchased from a dealer appointed and authorised by Alpine Electronics of Australia Pty. Limited.
Warranty does not cover the following;
11.3.1 Damage occurring during shipment to Alpine or any Alpine dealer or retailer. Damage during shipping is the responsibility of you or the carrier and insurance is highly recommended.
11.3.2 Damage caused by accident, abuse, negligence, misuse, improper connections, improper operation, or failure to follow the instructions on the owner’s manual.
11.3.3 Damage caused by acts of god, including without limitation, earthquake, fire, flood, storms or other acts of nature.
11.3.4 Service performed by unauthorised person, company, organization or service agent.
11.3.5 Any product which has had the serial number removed detached or defaced.
11.3.6 Any product which has adjusted, altered or modified without Alpine’s consent.
11.3.7 Any product not distributed by Alpine Electronics of Australia Pty. Limited in Australia.
11.3.8 Any product not purchased through a dealer or retailer appointed and authorised by Alpine Electronics of Australia Pty. Limited.
11.3.9 Any product that has been determined to contain an excessive amount of dust or dirt or unreasonable environmental conditions.
We will carry spare parts for each Product for a reasonable period, which we consider generally corresponds with the length of the Statutory Warranty period. Alpine reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable period and limited stock is available.
11.5 Faulty On Arrival (FOA) Claim
Alpine will repair or replace items accepted by it as Faulty On Arrival (FOA). FOA claims must be made within 3 business days of receipt by you of the item. If the item is identified and notified to us within 3 business days of receipt by you we will, at our discretion, repair or replace the product, subject to proof of the fault.
To report a Faulty On Arrival (FOA) you must contact your Alpine representative within 3 business days of receipt of the item.
In order for a replacement or repaired item to be sent, the faulty item must first be posted back to Alpine at the senders expense. Alpine does not accept any liability beyond this for consequential loss. The original Tax Invoice must accompany the faulty product when shipped back for a FOA claim to be processed.
FOA items must be sent to:
Alpine Electronics of Australia Pty. Limited
FOA Merchandise Claim
161 – 165 Princes Highway
Hallam VIC 3803
A faulty product must be received by Alpine not later than 7 business days after you have reported the faulty item to Alpine.
A faulty product claim is subject to Alpine being satisfied that a defect was caused by defective workmanship or materials and was not caused by or was not substantially contributed to by other factors beyond our control, including (but not limited to) rough handling, care instructions not being followed, alterations or modification to the product in a manner not recommended by the manufacturer, incorrect installation or any neglect, misuse or excessive use.
If a faulty product is received by Alpine and is found by Alpine not to be a legitimate fault as described and reported to Alpine by the buyer, Alpine will ship the product back ‘as is’ to the sender at the senders expense, and no further correspondence will be entered into.
Replacement or repaired goods sent to the buyer will be at the expense of Alpine.
11.6 Computer Hardware – Exclusions and Limitations
Alpine is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing products. Recovery and reinstallation of system and application software and user data?are not covered under any Alpine warranty.
Alpine will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with any Alpine computing media Product, or any computing hardware Product or computing part contained within a Product and any failure to maintain the confidentiality of data stored on the Product. Alpine specifically does not represent that it will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data.
Where a computing Product needs to be returned to Alpine for replacement or a refund, Alpine will in no manner whatsoever be responsible for any data you may leave on the computing Product and you should make a backup copy of such data before returning the item.
To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
All Intellectual Property in any Material on the Website is the property of Alpine Electronics of Australia Pty Limited. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
Alpine uses technical, physical, and administrative measures to protect your PII from unauthorised access, accidental loss, and/or theft. Only authorised personnel or agents are allowed to handle any PII information that Alpine collects. Such PII is stored in password-protected, secure environments that can only be accessed by authorised personnel. However, Alpine accepts no responsibility for any unauthorised access or loss of personal information that is beyond our control during transmissions over the Internet.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Alpine. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any court to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions shall not be affected thereby.
Where, under the Trade Practices Act 1974 (“Act”) and any other state or federal legislation, implied conditions and warranties cannot be excluded, any liability in Alpine for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option of Alpine, to the replacement of the Product or the re-supply of the same Product, the payment of the cost of replacing the Product or of acquiring an equivalent Product.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Alpine reserves the right to change the Terms and Conditions of sale at any time.
Alpine logos and trademarks are copyright to Alpine Electronics, Inc. Official Alpine Merchandise or inventions offered for sale on this website are copyright to Alpine Electronics of Australia Pty. Limited. Duplication of any Official Alpine Merchandise product or Alpine invention is strictly prohibited. All rights reserved.
No part of this Alpine Online Store may be reproduced in any form without express written permission from Alpine.
16.3 Restrictions on the use of Materials
Alpine logos and trademarks are copyright to Alpine Electronics, Inc. Official This web site, including all contents, graphics, sound, musical recordings, code and software used on or incorporated into it, and the arrangement or integration of all such content, graphics, sound, musical recordings, code and software, are subject to copyrights held by or licensed to Alpine Electronics, Inc. and/or its corporate affiliates (“Alpine”), and all rights thereto are specifically reserved. Permission is granted to electronically copy and print hard copies of pages from this web site solely for personal, non-commercial purposes, and any such copies must bear the copyright notice included on each web page. Any other use of this web site, or content or information contained on this web site, is strictly prohibited without the prior written consent of Alpine.
16.4 Proprietary Rights
“Alpine Electronics”, the Five Striped Alpine logo, and the names, images, and pictures identifying Alpine’s products and services are the proprietary marks of Alpine. These marks, and any imitation of such, may not be used in any manner or for any purpose without the prior written consent of Alpine. Nothing contained on this web site shall be construed as conferring in any manner any license or right under the proprietary rights of Alpine or any third party.
16.5 Force Majeure
Alpine shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Alpine, and Alpine shall be entitled to a reasonable extension of time for the performance of such obligations.
Title and risk in the Alpine Products pass to you at the point of dispatch or delivery by Alpine to Your courier.
Alpine reserves the right to make changes to the Alpine Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
A failure or delay by Alpine to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Alpine does not preclude its future ability to exercise that or any other power or right.
Insofar as they apply to the ordering, purchase, fulfilment and delivery of Alpine Products from?www.atulv.com, these Alpine Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.
The Sites may be accessed in Australia and overseas. We make no representations that the Sites comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Sites.
No Alpine employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
16.13 Material Download Information
16.13.2 The right to use the Material is granted personally to you. You agree not to modify, reproduce, redistribute, rent, assign, lease, lend, sell, transfer and/or use the Material for commercial purposes, except as permitted by Alpine Australia, its licensors, or applicable third parties, laws or regulations.
16.13.3 You agree not to duplicate, decompile, disassemble, reverse engineer, sublicense, or attempt to derive the source code of, or create derivative works of the Material, or any part thereof except as and only to the extent of any restriction prohibited by law. Any attempt to do so is a breach of the rights of Alpine Australia and its licensors. If you breach this restriction, you may be subject to prosecution.
16.13.4 You further agree not to use the Material in any manner to harass, abuse, threaten, defame or otherwise infringe or violate the rights of any other party, and that Alpine Australia is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal conduct as a result of using any of the Material.
16.13.5 If you fail to comply with any of these terms you shall immediately cease use of the Material, and delete and/or destroy the Material.