Terms of use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern auspure.com’s relationship with you in relation to your use of this website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Yasin Pty Ltd trading as Ausbrilliant (ABN 58 625 305 446) and auspure.com. “You” and “Your” refers to you, the client, visitor, website user or person using our website.
WEBSITE DISCLAIMER
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.
The information contained in this website is for general information purposes only. The information is provided by auspure.com and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you may be able to link to other websites which are not under the control of auspure.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, auspure.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
COPYRIGHT NOTICE
This website and its contents are the copyright of auspure.com and Yasin Pty Ltd t/a Ausbrilliant (ABN 58625305446) - © auspure.com 2022. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and auspure.com’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that auspure.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), auspure.com’s liability for any breach of a term of these terms is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. We have 24 hr order processing (excluding weekends and public holidays) and offer free standard delivery to all Australian addresses. We also offer an optional express shipping service for faster delivery for an additional fee.
Delivery for standard shipping may take between 4 and 7 business days, depending on the delivery option. Express Shipping may take between 2 and 4 business days.
Fee Estimated delivery time
Standard Shipping FREE 4 – 7 Business Days
Express Shipping $10.45 up to 5kg
$19.45 over 5kg 2 – 4 Business Days
Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of auspure.com.
RETURNS AND REFUNDS
We handle returns and process refunds in accordance with the Australian Consumer Protection legislation.
Defective products are replaced free of charge without any shipping fee (if is contacted and informed customer support within 30-day of purchasing). Please contact us at support.au@auspure.com for a free return postage label (Prepaid by Auspure).
If you are not satisfied with your purchase for any reason, please contact us within 30 days of purchasing at support.au@auspure.com for a free return postage label (Prepaid by Auspure). A full refund will be processed promptly via the same payment method you have made. All refunds are made at the discretion of auspure.com.
You must ensure the goods you are returning are unused, in their original packaging with all tags, instructions and parts included.
To facilitate the refund or replacement process, please include a copy of the invoice or order confirmation and a short returning reason inside the return package.
WARRANTY AND DISCLAIMER FOR PRODUCTS
This warranty and disclaimer applies to all products purchased via the website www.auspure.com (hereinafter “Products”) or a third party seller authorised by Auspure.
Note: When the product is purchased from an authorised third-party seller, for warranty claim, return and replacement of a defective product, the enquiry should be lodged via the related third party seller.
(1) Warranty Against Defects
1.1 For Brand-new Products:
We provide a 12-month standard warranty against defects with the Products, from the date of purchase.
We provide an optional additional free 12-month extended warranty against defects with the Products (resulting in a 24-month warranty against defects with the Products, from the date of purchase).
In order to claim the additional 12-month extended warranty, you must register your Product (free of charge) online at www.auspure.com, within 14 days of the date of purchase.
In the event of a defect with the Product, you may be entitled to have the Product replaced. In order to be entitled to a replacement Product, you must:
- immediately stop using the Product; and
- notify us of the defect during the warranty period.
In order to claim a replacement Product, you must contact us using the details at the end of this warranty document, to notify us of the defect, and provide your proof of purchase documentation and your contact details. You may either:
- request a prepaid return label, and return the defective Product to us at the address listed at the end of this warranty document within 14 days from the date that we provide the prepaid return label to you; or
- send us a video of the defective Product, which demonstrates to our reasonable satisfaction that the Product is defective, and undertake to safely dispose the defective Product. For safety reasons you must not continue to use the defective Product.
Upon receipt of the defective Product, or a video of the defective Product, we will inspect it. If the defect is the result of a manufacturer fault, we will determine if the fault requires a replacement or repair and either send you a replacement Product or effect a repair.
This warranty against defects is in addition to any other rights and remedies to which you may be entitled under Australian law.
To Clarify:
What is covered by the warranty:
• The repair or replacement of your Auspure product (at Auspure’s discretion) if the product is found to be defective due to faulty manufacture. Auspure reserves the right to determine if the fault requires a replacement or repair.
• Packaging and instructions of a faulty product may also be replaced if damaged.
• This warranty is valid for using your personal use of your device within Australia only.
What is not covered by the warranty:
• Using the products for commercial purposes, or anything other than normal domestic personal use.
• Use of the product outside Australia.
• Accidental damage or faults caused by negligence, misuse, vandalism or neglect.
• Damage or faults caused by not following the instructions in the user manual.
• Unsupervised use by children under the age of 18.
• Repairs or alterations carried out by parties other than Auspure or an authorised agent.
• Any other conditions not listed above, are not covered by Auspure warranty.
1.2 For Renew Products:
A renew Product, which is purchased from a seller that is authorised by Auspure, is only covered under six months warranty and is not eligible for the free warranty extension.
1.3 For Replacements:
Replacement of a brand-new Product is only covered by the one-year standard warranty from the date of replacement arrangement and is not eligible for the one-additional year free warranty extension.
Replacement of a renew Product that is purchased from a seller that is authorised by Auspure is only covered by six months warranty from the date of replacement arrangement and is not eligible for the free warranty extension.
(2) Australian Consumer Law
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.
(3) Disclaimer
You are solely responsible for evaluating the Product and determining whether it is fit for your purpose.
You acknowledge and agree that Product is not safe for use by children.
You acknowledge and agree that working with the Product is dangerous and carries the risk of electric shock, burns, lacerations, other injuries and death.
You acknowledge that you use the Product at your own risk and that you are responsible at all times for evaluating whether or not it is safe to use the Product.
(4) Limitation of Liability
In addition to the requirements set out in clause 1 of this warranty and disclaimer document, the warranty provided under that clause will not apply:
- if a defect with the Product results in any way from some act or omission by you in relation to the appropriate care, maintenance and/or use of the Product; or
- if a defect with the Product results from ordinary wear and tear; or
- if you fail to follow our or the manufacturer’s instructions for care, maintenance and/or use of the Product; or
- if you are unable to provide proof of purchase.
Except as otherwise provided by law, we accept no liability for any loss, damage or injury which may arise in any way from the use of the Product by you or by any other person.
Except as otherwise provided in this warranty and disclaimer, to the maximum extent permitted by law, we exclude all conditions and warranties implied by custom, law or statute, and we expressly disclaim all warranties of any kind including but not limited to implied warranties that the Product is fit for a particular purpose.
You hereby agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Product.
Except as otherwise provided by law or as otherwise set out in this warranty and disclaimer, our liability to you shall be limited to the cost of replacement of the Product, together with your reasonable costs of postage and/or delivery in connection with your returning of the Product.
(5) Indemnity
You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from your use of the Product, including but not limited to any third party claims.
(6) Contact Us
You may contact us about this warranty or disclaimer, or to make a claim under it, using the following details:
Auspure
PO Box 2, Ermington NSW 1700
support.au@auspure.com
Alternatively, you may contact us using the contact us form on the website.
Note: When the product is purchased from an authorised third-party seller, for warranty claim, return and replacement of a defective product, the enquiry should be lodged via the related third party seller.
LINKS TO OTHER WEBSITES
We may from time to time provide on our website, links to other websites, advertisements, and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between auspure.com and the owners of those websites. We take no responsibility for any of the content found on the linked websites.
Our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever, for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
DISCLAIMER
To the fullest extent permitted by law, auspure.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We also give no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of auspure.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
YOUR PRIVACY
At auspure.com, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
THIRD PARTIES
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
We may be required, in certain circumstances, to disclose information in good faith and where auspure.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of auspure.com. We expressly exclude and do not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then auspure.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, and graphics. You are not permitted to reproduce the documents, information, or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
We expressly reserve all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and auspure.com concerning your use and access to our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and support@auspure.com that results in litigation, then you must submit to the jurisdiction of the courts of New South Wales.