Conditions of Sale.

01Who these conditions apply to.

These conditions apply to every order placed with Storm FX Distributions Pty Ltd, ABN 46 109 602 244, by phone, by email, through a quote or through this website.

We supply customers in Australia and New Zealand. Australian consumer law protections apply to Australian supplies. New Zealand consumer law protections apply to supplies into New Zealand. Where both apply, you get the benefit of both.

If we have a separate signed agreement with you, that agreement takes priority over these conditions to the extent they differ.

02A few words we use.

• Order means your request for goods, licences or services, once you have given us what we need to act on it.
• Confirmation means the written summary we send after we accept your order. It lists what you are getting, the price, the delivery method and anything specific to that order.
• Goods means hardware, physical products and packaged software we supply.
• Licence means a software licence or subscription we supply on behalf of a vendor.
• Services means design, consulting, configuration, installation, hire, training or maintenance we agree to perform.

03How an order becomes a contract.

A price on this site or in a quote is an invitation to order. Placing an order is your offer to buy. A contract is formed when we send you a Confirmation, not before.

We may decline an order. The usual reasons are stock that is no longer available, a vendor restriction, a pricing or listing error, or a credit or verification check that does not clear. If we decline after you have paid, we refund you in full.

Check your Confirmation when it arrives. If something is wrong, tell us within two business days and we will fix it. That deadline is there so we can stop an order before it ships or a licence key is issued, and it does not affect your rights if the goods later turn out to be faulty.

Once a licence key has been issued or goods have shipped, an order generally cannot be cancelled. Ask us anyway, because vendor policies vary and we would rather find you an option.

04Prices, GST and currency.

Prices on this site are in Australian dollars and include GST unless the page says otherwise. Some products are set by the vendor in US dollars and converted at the time of quoting. Where that applies, the product page says so.

You will see the total payable, including GST and any delivery charge, before you confirm and pay. No charge gets added after that point.

Quoted prices hold for the period stated on the quote. Where a vendor changes its price or the exchange rate moves materially before you order, we will requote rather than surprise you.

New Zealand orders are supplied without Australian GST. New Zealand GST and any duties are handled at the border and are your responsibility unless the Confirmation says we have covered them.

05Payment.

Card payments are processed by our payment provider. Your full card number is handled by that provider and is not stored on our systems.

Unless we have agreed account terms with you in writing, payment is due in full before we deliver goods or issue a licence.

Where we have agreed account terms, invoices are due on the date shown on the invoice. If an invoice is overdue we may hold further deliveries until it is paid, and we may charge interest on the overdue amount at a reasonable commercial rate. We will tell you before we do either.

You confirm that the payment details you give us are yours to use, and that you are authorised to place the order on behalf of the organisation named on it.

06Delivery.

Physical goods are shipped to the address on your Confirmation. Licences are delivered electronically to the email address on your Confirmation.

Delivery timeframes, costs, collection and what to do if something arrives damaged are set out in Shipping and Returns.

Risk in goods passes to you on delivery. Title passes once we have received payment in full.

07Software licences and vendor terms.

We are an authorised reseller. When you buy a licence, the software itself is licensed to you by the vendor, on the vendor's end user licence agreement. That agreement governs what you may do with the software.

Read the vendor's licence terms before you install. Ask us if you want a copy before you buy, and we will send it.

Licences are issued to the named user or organisation on the order. They are generally not transferable. Some vendors allow a transfer on request and on their conditions, so ask us if your circumstances change.

Educational and student licences may only be used for the purpose the vendor allows. Commercial use of an education licence breaches the vendor's terms and can result in the licence being withdrawn by the vendor.

08Subscriptions and renewals.

Some licences are subscriptions. Before you buy one we will tell you the term, the price, what happens at the end of the term and how to cancel. That information is also on your Confirmation.

Where a subscription renews automatically, we will send you a reminder before the renewal date, with the renewal price and the cancellation deadline. If the price is going up, the reminder will say so.

Cancelling

You can cancel a renewal by emailing sales@stormfx.com.au or calling (02) 9955 5145. If you bought online, you can also cancel online. We will confirm the cancellation in writing.

Vendors set their own cancellation deadlines, and some require notice before the anniversary date. We will tell you the deadline that applies to your product when you buy and again in the renewal reminder. Once a renewal has been processed by the vendor, we may not be able to reverse it.

If we need to change the price or the terms of a renewing subscription, we will give you written notice before the change takes effect, and you may cancel without penalty before the renewal date.

09Education and student pricing.

Student and education pricing is set by the vendor and is limited to people who meet the vendor's eligibility rules. We check eligibility before we issue the licence.

To verify eligibility we ask for evidence of current enrolment. We check it, record the outcome and the date, and then destroy the document. We do not keep a copy, and we do not use it for anything other than the eligibility check. The detail is in our Privacy Policy.

If an education licence is bought using information that turns out to be incorrect, we may reprice the order at the commercial rate or cancel it, and the vendor may withdraw the licence.

10Your rights that we cannot take away.

Australian Consumer Law gives you guarantees that no contract can remove. That includes goods being of acceptable quality, matching their description and being fit for a purpose you told us about. Software supplied electronically counts as goods for this purpose.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled 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.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

New Zealand customers have equivalent rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Nothing in these conditions limits those rights for a consumer supply.

Any manufacturer warranty is in addition to these rights, not a replacement for them. You can come to us directly, and you do not have to go to the manufacturer first.

11Our responsibility, and its limits.

Nothing in these conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under the Australian Consumer Law or New Zealand consumer law. Any term that tried to do that would have no effect.

Subject to that, and where the law allows us to limit our liability, our liability for a failure is limited to replacing the goods, supplying equivalent goods, repairing the goods, paying the cost of any of those, or supplying the services again or paying the cost of doing so. This limit does not apply where relying on it would not be fair and reasonable.

Neither of us is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings or loss of data, except where that loss cannot be excluded by law.

Back up your data before we perform services on your systems, and before you install software we have supplied. We take care, and a current backup is still your responsibility.

12Services.

Where we agree to perform services, the scope, the fee basis and the timing are set out in the quote or Confirmation. Fees are either time based or fixed, as agreed.

We will perform services with due care and skill, and within the agreed time. Where no time is agreed, we will perform them within a reasonable time.

We need reasonable access to your people, systems, information and site to do the work. If access is delayed, timelines move by a matching amount, and we will tell you rather than let a date slip quietly.

Each of us will keep the other's confidential information confidential. That obligation does not cover information that is already public, or that we or you already held lawfully.

Once you have paid in full, you get a perpetual, worldwide, royalty free licence to use the materials we create for you in the course of the services, for your own internal purposes. Reselling those materials needs our agreement.

13Export and end use.

Some hardware and software we supply is subject to export controls and vendor end use restrictions. You agree not to re-export or supply it in breach of those controls, and to tell us if the end use or end user changes.

14Events outside our control.

Neither of us is responsible for a delay or failure caused by an event outside reasonable control, including natural disaster, industrial action, carrier failure, a vendor withdrawing a product, or a broad network or infrastructure outage.

If such an event delays your order materially, we will tell you, and you may cancel the affected part of the order and receive a refund of anything you have paid for it.

15Changes to these conditions.

We may update these conditions. The version that applies to your purchase is the version published on the day you place your order. We will not apply a later change to an order you have already placed.

16Disputes and governing law.

Talk to us first. Most problems get solved in a phone call, and we would rather fix it than argue about it. Email sales@stormfx.com.au or call (02) 9955 5145.

These conditions are governed by the laws of New South Wales, Australia, and each of us submits to the non-exclusive jurisdiction of the courts of New South Wales.

If you are a consumer in New Zealand, you may bring proceedings in New Zealand, and New Zealand consumer law continues to protect you.

If any part of these conditions is found to be unenforceable, that part is read down or removed and the rest continues to apply.