Terms & Conditions: Online Purchase Agreement

  1. Our contract

When you place an order via our website, you may receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until the earlier of the date that we:

(a)          dispatch the goods which you have ordered to you; or

(b)           send you confirmation by e-mail that the goods which you ordered have been dispatched to you, in which case only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

We reserve the right to accept or reject an order for any reason, including due to unavailability of goods, an error in the price, image or the description or an error in your order. We also reserve the right to contact you for verification purposes before we allow your order to be dispatched.

2. Pricing and availability

  • Although we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which we have advertised, we will correct the error straight away.
  • Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost”.
  • We will use reasonable endeavours to ensure goods are available for delivery, and where possible we will notify you where a product is unavailable prior to you completing your order. In some cases this is not possible and we may need to reject an order. In such case we will refund in full all amounts that you have paid in respect of the goods.

3. Payment

  • Upon receiving your order we may carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card must be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched any monies paid as a deposit will be used as consideration for the value of goods you have purchased..
  • A reference to $ or dollars means Australian dollars and a reference to payment means payment in Australian dollars.

4. Delivery of Goods

  • We only deliver orders to mainland Australia and Tasmania. All standard orders unless requested otherwise by you prior to purchase, are sent by Australia Post, Toll or Startrack without insurance or tracking.
  • Non delivery of goods must be reported to us as soon as possible.
  • While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any other event which is out of our reasonable control or foresight.
  • Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.
  • For non-delivery of goods, please notify us by email as soon as possible.

5. Receipt of Goods

  • You must inspect the goods immediately upon their arrival and if the goods are not in accordance with the specified requirements then you must give notice to us within 5 days of receipt of the goods. If you fail to give such notice, the goods must be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by us within 5 days after receipt of the goods by you.
  • This clause does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 7 below.

6. Refund Policy

  • Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision.

7. Battery Management System

  • Without limiting the terms of any data or instruction sheets or instruction manuals supplied with the goods, any goods supplied by us that comprise batteries must only be used in conjunction with a battery management system (“BMS”). Unless specifically ordered by you as part of the goods, you acknowledge that we will not be supplying a BMS and you will be responsible to supply and always use a BMS in conjunction with your use of the goods.

8. Warranty

  • 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. If the failure is minor, we reserve our right to repair only.
  • The warranty in this clause 8 is in addition to any rights that you may have under the Australian Consumer Law.
  • Subject to the remainder of this clause 8 and clause 9 we warrant that the goods will be free from defects in materials or workmanship for up to 2 years from dispatch to you (warranty period). We agree to remedy any defects in materials or workmanship becoming apparent during the warranty period, by replacing or repairing any defective item or component (at our option) free of charge for parts and/or labour.
  • If you identify any defect in the goods, you must immediately cease using the goods and not attempt to repair the goods. You must contact us immediately by telephone [+61 467 640 898] or email [hello@sparklithium.com.au] to report the alleged defect and provide us with evidence of your proof of purchase, together with the relevant data from the BMS used by you confirming temperature and voltage parameters.
  • You will be responsible to return the goods at your expense to us for assessment. We may elect to return the product to our manufacturer’s repair agent to determine the nature of the problem.
  • Goods provided to us for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair goods.
  • We reserve the right not to offer a refund or repair and to the extent permitted by law we have no liability to the extent that a failure of the goods is attributable to any act or omission on your part. This includes, but is not limited to a failure to use, charge, store, fit or assemble the goods in accordance with the manual, data sheets or other instructions supplied with the goods or otherwise to use in conjunction with a BMS. We also reserve the right not to offer a refund or repair where you do not comply with clause 8(d)..
  • To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

9. Limitation on Claims

  • We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including but not limited to forces of nature, natural disasters, pandemic, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
  • We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part. This includes, but is not limited to a failure to use, store, fit or assemble the goods in accordance with the manual, data sheets or other instructions supplied with the goods or otherwise to use in conjunction with a BMS .
  • Our liability for failure to comply with a consumer guarantee is limited to:
    • in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
    • in the case of services supplied by us, the supply of the services again or the payment of the cost to you of having the services supplied again.
  • Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
  • In all other respects, our total liability for loss or damage of every kind, whether:
    • arising pursuant to the terms of service; or
    • arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

is limited to an amount equivalent to the sum paid by you to us for the goods.

  • Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.

10. Intellectual Property

  • The specifications and design of the goods (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property. You must not seek to copy or reverse engineer the goods.

11. Title and risk

  • Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.

12. Waiver

  • Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

13. Entire agreement

  • The above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous terms or other agreements between you and us.

14. Governing law

  • These terms of service are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction and the Federal Courts of Australia.

15. Definitions

In these terms of service:

  • ‘we’, ‘our’ or ‘us’ means Spark Technologies Australia Pty Limited (A.C.N 630 266 769)
  • ‘you’ or ‘your’ means the person whose details are set out in the order as the customer.