General Disclaimer
1.1. This website is owned and operated by Kolor Kode.
1.2. Kolor Kode is not liable to you or anyone else for any loss suffered in connection with the use of this Website or a linked website.
1.3. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Site Access
2.1. This Website is the intellectual property of Kolor Kode and is subject to copyright.
2.2. Kolor Kode grants you a limited, revocable and non-exclusive license for the purpose of assessing its website for the purpose of you browsing, reviewing, or commenting on the content of the Website, and for the purpose of connecting through specific Supplier portals and links to purchase products or services.
2.3. Other than for the purpose of and subject to the conditions prescribed under the Copyright Law of Australia and similar statues that apply in your location, you may not, in any form or by any means: adapt, reproduce, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or commercialise any information, products or services obtained from any part of this Website, without the written permission of Kolor Kode
2.4. You must not conduct, or participate in, the resale or commercial exploitation of the Website and any of its contents for any purpose, unless you are an Authorised Representative.

Copyright and Trade Marks
3.1. Other names of Kolor Kode products and services referred to in this Website are the intellectual property of Kolor Kode and subject to common law copyright.
3.2. Other product and company names mentioned in this Website may be the trademarks of other people or entities.
3.3. You must not use any of copyright or trademarks: in or as the whole or part of your own or other trademarks;
in connection with activities, products or services other than those supplied by the suppliers and by Kolor Kode in a manner which may be confusing, misleading or deceptive; and in a manner that disparages Kolor Kode, or its information, products or services including this Website.

Hyperlinks, Framing and Metatags
4.1. Kolor Kode grants you a limited, revocable and non-exclusive right to create a hyperlink to the homepage of the Website.
4.2. The hyperlink you create must not portray the Website in a misleading, derogatory or offensive manner.
4.3. In creating the hyperlink, you must not use any image, logo or trademark on the Website without Kolor Kode express consent and then only in the format supplied by Kolor Kode applicable to the style guide.
4.4. Where the Website offers a hyperlink to another website (Linked Site), you acknowledge and agree that:
Kolor Kode has made no representation or warranties whatsoever regarding the Linked Site or any of it content; Kolor Kode has made no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible via this Website or any Linked Site;
Kolor Kode is not responsible for any information or opinions published on any Linked Site; and
in no event will Kolor Kode be liable to any party for any direct, indirect, special or other consequential damages from any use of this Website, or on any other linked Site, including without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Kolor Kode is expressly advised of the possibility of such damages.
4.5. By accessing the Linked Site through a hyperlink on the Website, you warrant to Kolor Kode that you have made your own inquiries and satisfied yourself regarding the suitability, reliability, security and other relevant matters regarding the Linked Site or its content and you release Kolor Kode and hold Kolor Kode harmless against all damage or loss that you suffer as a result of accessing the Linked Site.
4.6. Subject to clause 4.1, you must not, without the written consent of Kolor Kode:
frame or use framing techniques to enclose any part of the Website;
use any metatags or similar tags that contain Kolor Kode name or any of its trademarks; or
create a hyperlink to the Website.

Articles on the Website
5.1. Where the Website, particularly articles within the Website, contains any information, tables, photographs or any other material obtained from a third party source, whether it is specified to have been obtained from the third party or not (Third Party Information):
Kolor Kode makes no representation or warranties whatsoever regarding the content of the Third Party Information;
Kolor Kode makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information contained in any Third Party Information; and
Kolor Kode in no event will be held liable to any party for any direct, indirect, special or other consequential damages from any use or reliance on any Third Party Information contained on the Website.
5.2. Kolor Kode is not liable to you or anyone else for any loss suffered in connection with any Third-Party Information posted.
5.3. If you believe any Third-Party Information to be inaccurate, incomplete or out of date, defamatory, infringing intellectual property rights or generally injurious to you or any party, you should contact Kolor Kode via the contact form contained in the website.

Comments
6.1. You may post reviews, comments and other comments on the Website or submit suggestions, ideas, comments, questions or other information to Kolor Kode from time to time, by utilising the contact form.
6.2. The content of your contacts must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights or otherwise injurious to third parties and must not consist of or contain any computer viruses, political campaign messages, commercial solicitation; chain letters, mass mailings, or any form of SPAM.
6.3. When submitting a contact, you must not use an email address that you do not own or control, impersonate any other person or entity, or otherwise be misleading as to the origin of the contact.
6.4. Where you submit a contract, you expressly grant Kolor Kode a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media.
6.5. You will indemnify Kolor Kode and keep Kolor Kode indemnified against all claims, damages, loss or injury as a result of you breaching any: warranties contemplated by clause 6.5; warranties contemplated by clause 6.5; or other of these Terms and Conditions of Use.

Advertisement and other third-party postings
7.1. Kolor Kode may from time to time allow third parties to post advertisement, reviews, hyperlink or other information on the Website (Third Party Listings).
7.2. You acknowledge and agree that Kolor Kode is not obligated to monitor or verify information on the Third-Party Listings.
7.3. Nothing in these Terms and Conditions of Use and nothing that Kolor Kode may say and do can be construed as endorsing the content of (or part of) any Third-Party Listings.
7.4. Where the content of any Third-Party Listing is inaccurate, incomplete or out of date, defamatory, infringing intellectual property rights or generally injurious to you or any party, and you suffer a damage or loss as a result, then to the extent permitted by law, you release and hold Kolor Kode harmless against such damage or loss.

Exclusion of Warranties
8.1. To the extent permitted by applicable law, all representations, warranties and other terms are excluded other than as required by law. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.
8.2. Kolor Kode is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a Linked Site.
8.3. You must take your own precautions to ensure that anything you view or download from the Website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
Limitation of Liability of Kolor Kode

Liability

9.1. Kolor Kode will use reasonable endeavours to ensure that all information on the Website is accurate and will correct any errors or omissions as soon as practicable after being notified of them.
9.2. To the extent permitted by law, Kolor Kode disclaims all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website.
9.3. You acknowledge and agree that:
any liability Kolor Kode may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law; and
in no event will Kolor Kode be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the Website.

Indemnity
10.1. Without limiting the operation of any other provisions of these Terms and Conditions of Use, you agree to indemnify Kolor Kode and keep Kolor Kode indemnified, holding Kolor Kode harmless from all claims, demand, damages or loss (including legal costs on a full indemnity basis) incurred by Kolor Kode as a result of, or flows naturally from, your breach of these Terms and Conditions of Use including without limitation the breach of any warranties.

Applicable Law
11.1. These Terms and Conditions of Use are governed by the laws of Western Australia and in any disputes between you and Kolor Kode, you agree to submit to the exclusive jurisdiction of the courts of Western Australia.

Severability
12.1. If any part of these Terms and Conditions of Use is or becomes legally ineffective, invalid or unenforceable, the effectiveness, validity or enforceability of the remainder will not be affected.

WEBSITE TERMS AND CONDITIONS

In these terms and conditions, “we” “us” and “our” refers to Eric Preston Pty Ltd.  Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.  The information is intended for residents of Australia only.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

Registered Users

  1. In order to access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page.  Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
  2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
  3. On registration, we provide you with a password and Account Number. On registration you agree to pay for our services as set out on our website.
  4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
  5. Our services are intended to be used by registered users within Australia only.

Our Website Services

  1. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
  2. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current.  Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.  If you have placed an order, we reserve the right to cancel your order should our prices change.

Product Descriptions

  1. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
  2. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders

  1. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
  2. We supply and despatch our products to customers within Australia only.
  3. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
  4. All prices are in Australian Dollars (AUD) and are exclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
  5. Packaging and postage is an additional charge, calculated at time of purchase.
  6. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
  7. We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected.  We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
  8. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment.  Our terms of payment are set out on the order page.
  9. All risk of loss or damage to the goods passes to you when we despatch the goods.

Product Returns

  1. We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.
  2. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.

Site Access

  1. When you visit our website, we give you a limited licence to access and use our information for personal use.
  2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
  3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
  4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

  1. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
  2. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

  1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
  2. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Disclaimers

  1. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Statutory Guarantees and Warranties to Consumers

  1. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees.  Attached to the Standard Terms and Conditions are:-
    • (i) Schedule 2 of the C&C Act; and
    • (ii) those statutory guarantees, all of which are given by us to you if you are a consumer.
  2. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
    • (i) We will repair or replace the goods or any part of them that is defective; or
    • (ii) Provide again or rectify any services or part of them that are defective; or
    • (iii) Wholly or partly recompense you if they are defective.
  3. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
    • (i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
    • (ii) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
    • (iii) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

  1. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights.  If you are not a consumer:-
    • (i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
    • (ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
    • (iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
    • (iv) We do not participate in any way in the transactions between our users.

Indemnity

  1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

  1. If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of Western Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Western Australia and you agree to submit to the jurisdiction of those Courts.
  2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

  1. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
  2. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
Back to top arrow