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Terms & Conditions of Sale

Triforce Australia PTY LTD T/AS Hub by Triforce

1.         Application of Terms

(a)       These Terms and Conditions of Sale (the “T&Cs”) apply to all purchases of Goods from Triforce Australia trading as Hub by Triforce (the “Hub”).

(b)       Before placing an Order, You should read these T&Cs to ensure You understand Your rights, what You are entitled to and what You can expect from Us if You are not satisfied with Your purchase.

(c)       We reserve the right to amend these T&Cs at any time without notice to You which will take effect from the date of publication on Our Website.  For the avoidance of doubt, the T&Cs published at the date of placing an Order will be the T&Cs applicable to Your Order. 

(d)       Upon placing an Order for any Goods You agree that these T&Cs become a binding contract between You as a consumer and Us as the supplier and will apply in relation to all Orders, Payments and Delivery as well as all incidental matters relating to Orders, Payments and Delivery. 

(e)       These T&Cs are subject to the laws of New South Wales.

(f)        If any part or provision of these T&Cs is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on You.

2.         Definitions

(a)       Goods means any products purchased from the Hub.

(b)       Hub means Triforce Australia Pty Ltd (ACN 095 104 680) trading as Hub by Triforce.

(c)       Order means an order placed by You for Goods using Our Website.

(d)       Refurbished Stock means those Goods which are ex-display models or which may have had an imperfection or fault which has now been repaired by the manufacturer.

(e)       We/Us/Our means Triforce Australia Pty Ltd trading as Hub by Triforce.

(f)        Website means hub.triforce.com.au.

(g)       You/Your means the consumer.

3.         Australian Consumer Law

(a)       Our Goods come with consumer guarantees designed to protect consumers when purchasing goods and these guarantees cannot be excluded under the Australian Consumer Law.  These T&Cs are not to be read or applied so as to exclude, restrict or modify any consumer rights express or implied by the Australian Consumer Law.

(b)       In the event any of the Goods fail to comply with the consumer guarantees:

(i)        For a major failure of any Goods You are entitled to refund or replacement of those Goods, and You may also be entitled to compensation for damage or loss from that major failure which was reasonably foreseeable.

(ii)       For a failure of any Goods which does not amount to a major failure, You may still be entitled to have the Goods repaired or replaced.

(c)       For further information the Australian Consumer Law can be found at Schedule 2 of the Australian Competition and Consumer Act 2010 or at the Australian Competition and Consumer Commission website.

4.         Collection and Use of Personal Information

(a)       You can place an Order for Goods through Our Website by either creating an Account or using the “Guest Checkout” feature.  

(b)       By creating an account You consent to the collection of Your personal information (which You warrant is accurate and complete) provided as part of that process which will be handled in accordance with Our privacy policy, available at the privacy policy page, and all applicable laws and regulations.

(c)       Upon creating an account, You will receive a username and password.  You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username and You must notify Us of any unauthorised activity as soon as reasonably practicable.

(d)       We may at any time suspend or terminate Your Account, acting reasonably and in good faith, if We believe that Your account has been compromised or to protect You or Us from unlawful or unauthorised use.

5.         Goods

(a)       All Goods on Our Website are offered for sale and We reserve the right to remove and/or amend the Goods offered at any time.

(b)       All Goods are subject to availability and from time to time Goods may be out of stock or unavailable to Order.  In the event stock levels of any Goods You have ordered change which means We are unable to fulfill Your Order, We will notify You as soon as possible.

6.         Pricing

(a)       Prices of Goods are contained on Our Website and are inclusive of GST.  We reserve the right to make changes to the pricing of Our Goods at any time and without notice to You.  The price shown on the Website at the time Your Order is placed will be the price applicable to Your Order.

(b)       Where delivery is selected, You will also be charged for the cost of delivery which will be calculated and notified to You prior to submitting Your Order.

(c)       All pricing is in AUD.  Prices are subject to change without prior notification and may differ from other sites, stockists or providers.

7.         Refurbished Stock

(a)       Refurbished Stock is sold “as is” and will be in good working order.

(b)       Refurbished Stock will come with the standard manufacturer warranty and be subject to any additional statutory rights You have.

8.         Ordering

(a)       Orders may be placed through Our Website by completing the online ordering and checkout process.  Each accepted Order will become a separate agreement between You and Us and will be subject to these T&Cs.

(b)       By placing an Order You are agreeing to the price of the Goods plus any applicable delivery charges.

(c)       You are responsible for ensuring Your Order is correct and accurate prior to submitting the Order.

(d)       Once You have submitted Your Order, You will receive confirmation containing an order reference to the email registered with Your Account.

(e)       We will process payment for Your Order immediately.  Whilst Your Order is deemed to have been accepted by Us at the time payment is made, there are circumstances where We may be required to cancel Your Order following payment and We will process a refund for the costs of Your Order in accordance with clause 13.

(f)        Once an Order has been dispatched it cannot be cancelled.

9.         Payment

(a)       We accept the following payment methods:

(i)        selected credit cards such as Mastercard & Visa.

(b)       We reserve the right to change the methods of payment We accept at any time.

(c)       In the event Our verification systems detect possible fraudulent activity with Your payment method or in any situation where We believe (acting in good faith) that either You or We may suffer loss, or Your financial institution declines to process the payment for any reason, We reserve the right to either place a hold on Your Order and You will be requested to provide identification or other information, or use another method of payment.  If You are unable to provide the identification or other information or make payment using another method within a reasonable time, We reserve the right to cancel Your Order.  You will be notified by email where any of these situations arise.

(d)       Until payment has been received in full from You, the Goods will not be dispatched to You.

10.      Cancellation of an Order

(a)       We reserve the right to cancel an Order where:

(i)        You are in breach of these T&Cs.

(ii)       We are unable to fulfil Your Order due to:

a.      Events beyond Our reasonable control such as strikes, lockouts, fires, riots, war, embargoes, civil commotions, pandemic or endemic, acts of God, transport difficulties;

b.      We do not have sufficient stock quantities.

(iii)      There was a genuine error relating to the Goods on Our Website, including but not limited to description, price, image or promotion.

(iv)      You have asked Us to cancel the Order and We have not yet dispatched the Goods.

Any cancellation by Us under this clause will be notified to You in writing to the email address listed on Your Account and where payment has already been made, the payment will be refunded to You in accordance with clause 13.

(b)       You can cancel an Order where:

(i)        The Order has not been dispatched.

(ii)       We have not fulfilled the Order within a reasonable time.

(iii)      We are in breach of these T&Cs.

Any cancellation by You under this clause will be required to be in writing to manager@hub.triforce.com.au and approved prior to dispatch of the Order.

11.      Delivery

(a)       Delivery will be made by Our delivery partners, AusPost and Startrack and must be signed for at the time of delivery.  If You are not available to sign for Your delivery We will not leave the Goods unattended You will receive a notice to collect from Your local post office.

(b)       We will not deliver to PO Boxes or third party shipping companies.

(c)       Upon Your Order being dispatched, You will receive a shipping notification.

(d)       Title and risk for the Goods will pass to You upon delivery to Your nominated address or once collected from Your local post office where applicable.

(e)       Whilst We will use all endeavours to meet estimated delivery timeframes, they are estimates only and We do not guarantee delivery within these estimated timeframes.  Where there is a delay in delivery You will be notified in writing and provided with a new estimated delivery timeframe.

12.      Click & Collect

(a)      When submitting Your Order You will have the option to select click & collect.  If You select this option:

(i)        You will be required to present the email or SMS notification You received to collect the Goods; and

(ii)       You will be required to present sufficient photo identification to allow Us to verify You are the purchaser of the Goods; and

(iii)      You will be required to show the method of payment is registered to You and Your signature may be checked to ensure it matches.

In the event You are unable to meet the above requirements We reserve the right to refuse to release the Goods to You until You are able to meet these requirements and/or We may contact the person who placed the Order.

13.      Refunds & Returns

(a)      You are responsible for inspecting the Goods to ensure delivery has been made in full and without error or damage.

(b)      All returns are subject to Our Returns & Warranties Policy which can be found at returns and warranties page.  Any benefits or special offers You may have received with the Goods will also need to be returned.

(c)      All refunds will be actioned by Us within 2 business days of receiving the Goods returned to Us or upon cancellation of Your Order, however the timeframe for the receipt of the refund by You will be dependent on Your financial institution. 

(d)      Delivery charges will not be refunded for change of mind returns.

14.      Liability Limited

(a)      We will not be liable to You for any loss suffered by You in the following circumstances, except to the extent that such loss is caused by Us:

(i)        Inaccuracy of or incomplete information provided by You when creating Your Account or placing an Order;

(ii)       Unauthorised access to and use of Your Account;

(iii)      Inability to cancel an Order after dispatch for any reason;

(iv)      Delivery delays;

(v)       Delays in receipt of refunds; and

(vi)      All other matters not within the reasonable control of Us.