Terms and Conditions
Your access to and use of the modelflight.com.au website (the Website) and the purchase of any product offered on the Website are subject to the following terms and conditions (Terms and Conditions). L O’Reilly Pty Ltd ABN 19 007 840 208 trading as Modelflight (Us or We) recommend you read these Terms and Conditions prior to making a purchase and we reserve the right to update the Terms and Conditions on the Website at any time.
Your use of the Website and/or the placement of an order through the Website will be taken to constitute your acceptance of, and agreement to be bound by, the Terms and Conditions in force at the relevant date.
Terms and Conditions of Sale
Part 1 Pricing
- The price payable for product is the price that is set out on the Website at the time you order the product. All prices are expressed in AUD and are inclusive of GST. The price does not include delivery charges (refer to the “Delivery” hyperlink).
- We reserve the right to change the pricing on a product at any time (in which case the Website will be promptly and clearly updated with new pricing information). You will be charged the price displayed on the Website at the time that you place your order, subject to the product being available at that time (refer to Part 3 below).
Part 2 Product Information
We aim to ensure that all product information is 100% accurate to help you make informed decisions. We also aim to ensure that the products are accurately depicted in photographs displayed on the website. Please note however that variations in images or descriptions may occur due to picture resolution, individual computer settings or inadvertent error. We will not be held liable for any error or inaccuracy in the description or images of products on the Website.
Part 3 Product Availability and Backorders
- We aim to offer for sale only products that are readily available for shipping. However occasionally, you may pay for a product that is not readily available for shipping. It may, for example, be located off site at our retail store or it may be in transit from our suppliers. Our offer of products on the Website is therefore subject to availability.
- If an item of stock is available in our retail store, your order may take an extra 1-2 days to process and you will be notified as soon as it is ready for shipping.
- If an item is in transit from our suppliers, you will notice when you place the order that the availability line for that product specifies that your item is on backorder. This means that we will ship the product to you as soon as it arrives (Backorder Product).
- If your order includes a Backorder Product, we will ship all available products to you immediately (unless your Backorder Products are expected to be available within 3 business days in which case we will hold your entire order and ship it when all items are available). Otherwise, your Backorder Products will be sent to you free of charge as soon as they are available.
- If you do not want a product that has been put on backorder, you may contact us to request the cancellation of your order for that product, in which case we will provide you with a store credit to the value of the price paid for the Backorder Product or upon a request, a refund to that amount, provided the product is still on backorder at the time of the request.
- Some out of stock products on the Website are not available for order or backorder because we do not want to accept payment for products on which we cannot give you an estimated availability time. If there is a product that is not available for order, but you would like to purchase it, please click “notify me” and enter your email address. As soon as the product becomes available for order we will alert you, and you will have the opportunity to then purchase the product at the then current price.
- In the rare circumstance that an error is made as to product availability (ie a product is purchased via the Website when it is actually unavailable and cannot be put on backorder), you will be informed of the unavailability and you will be entitled to cancel your order in which case you will be promptly refunded the purchase price paid. We accept no liability for any claims or damages whatsoever in the event of the unavailability of products displayed on the Website.
Part 4 Delivery
- For terms relating to the delivery of your products, please refer to our Delivery policy, the terms of which are incorporated into these terms and conditions. To view, click on the hyperlink “Delivery”.
Part 5 Warranty on Products
- The sale of products on the Website is subject to the Competition and Consumer Act 2010 (the Act), which contains certain consumer guarantees that cannot by law be excluded.
- In addition to any legal rights and remedies that may be available to you at law, our products are sold with a warranty against manufacturing faults and defects (Manufacturing Warranty) on the terms and conditions set out in paragraph 15 and for the period of time stated in the warranty information sent to you with the product.
- You may make a claim under the Manufacturing Warranty through this Website or by telephone or post (details under the “Contact Us” hyperlink).
- The Manufacturing Warranty is subject to the following terms:-
- you must notify us of your claim within the term of the Manufacturing Warranty.
- you must return the product to us at your cost. If it is not practicable to return the product due to size, please contact us and we will arrange for an alternative means of assessment.
- you must provide us with proof of your purchase, being your receipt or Website confirmation of purchase email. Please note bank and credit card statements cannot be accepted as proof of purchase unless the purchase of the relevant product is clearly identifiable in the statement.
- we will process your claim as quickly as possible and if accepted, subject to paragraph (f), will attempt to (at our election) repair or replace the product within 7 days of its being returned provided you have supplied your proof of purchase and the parts for repair (or replacement) of the product are available. . This time frame may be affected by things outside of our control, including part availability or manufacturer/distributor delay. The product/replacement product will be delivered to you free of charge.
- the Manufacturing Warranty does not cover:-
- misuse or use of the product for a purpose for which it was not intended.
- commercial or industrial use when the product is not designed for commercial or industrial use;
- consumables such as bags, belts and filters;
- blockages of filters, carburettors and rotating parts like tail rotors(or damage to the product as a result of such blockages);
- damage to the product caused by misuse of the product or any part of it; or
- damage to the product otherwise caused by the user including without limitation damage caused by the use of unauthorized parts in the product.
- in some cases, depending on the nature of the product or the fault, the product may be referred to the manufacturer or distributor to determine whether the fault is covered by the Manufacturing Warranty and if so, whether the product will be repaired or replaced (depending on the nature and severity of the fault). This may impact upon the length of time taken to process your claim.
- we will notify you if a warranty claim is not accepted and in that case you may be given the option to have the product repaired, serviced or replaced at your election and you will be responsible for any and all associated costs.
- If products are damaged in transit or not in working order on arrival then you must notify us within 10 days of delivery of the product. Please refer to our “Delivery Policy” which sets out detailed instructions as to what you should do in this circumstance. Unless we determine that the damage has arisen in circumstances described under paragraph 15(e), you may be entitled to a refund or to have the product replaced or repaired.
- Before returning a product with which you are experiencing difficult we encourage you to do one or more of the following:-
- double check the manual;
- contact our customer service team to troubleshoot the product over the phone;
- visit the ‘FAQ’ section of the Website or the specific information page on the product for more information.
- If any goods you are returning are capable of retaining user generated data such as files stored on a transmitter or electronic programming memory, the repair or replacement of the goods may result in loss of such data. We recommend you back up data to prevent data loss and remove associated data from the device. We will not be held liable for any such data loss.
- Notwithstanding any other provision of these Terms and Conditions, where any law implies any term, condition or warranty which cannot be excluded, restricted or modified at all or only to a limited extent, such term, condition or warranty will apply except to the extent it can be excluded or limited.
- Our liability for any breach of such term, condition or warranty shall be limited, to the extent it can be limited, to any one of the following (at our election):-
- the replacement of the product with an equivalent product;
- the repair of the product;
- the cost of repairing the product; or
- the cost of replacing the product with an equivalent product.
Part 6 Returns, Refunds and Exchange
- Please choose products carefully as we will generally not provide a refund on products simply because you changed your mind or the product was not what you expected.
- Nevertheless we do aim for 100% customer satisfaction and so we may consider, upon request, allowing an exchange of the product or a return for a credit note to the value of the product returned (however this will not be considered if the product is not returned in saleable condition together with your proof of purchase).
- Where a refund or exchange is requested, you may return the goods for assessment by post or by visiting our retail store (refer under ‘Contact us’ hyperlink).
- Where a refund is applicable, it will be made via the same method of payment you used to make your online purchase.
Terms and Conditions of Your Use of the Website
Part 7 Use of the Website
- You agree that when using this website you will not:-
- engage in any activity that interferes with or disrupts the Website or the servers and networks that host this Website.
- attempt to, circumvent, disable or otherwise interfere with security-related features of this Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
- you understand that and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. We may stop (temporarily or permanently) providing access to the Website to you or anyone else at our discretion and without prior notice.
- The Website may contain links to third party websites not under our operation or control. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered on those sites. You may only provide a link to this Website if expressly authorised in writing by us.
Part 8 Intellectual Property
- All material on the Website (including all trademarks, drawings, designs, illustrations, photographs, sound tracks, written text and logos) is our exclusive property (or in some cases, the exclusive property of a third party).
- You must not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify, or sell any material contained on the Website.
- All marks and logos of Modelflight (including all copyright throughout the world), whether or not registered, displayed on the Website, as well as the domain name www.modelflight.com.au are and will remain our exclusive property. Any reproduction, distribution, transmission, modification or use of these marks for any purpose without our prior, written consent is strictly prohibited.
- You may not remove any copyright, trademark or other content contained on the Website. You may make a single copy of web pages published on the Website for your own private, personal and non-commercial use, provided that any such copy of web pages shall retain all copyright and other proprietary notices contained therein.
- Nothing contained on this Website is to be interpreted as a recommendation to use any information in a manner which infringes the intellectual property rights of any person. We make no representations or warranties that your use of the information on the Website will not infringe such intellectual property rights.
- If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the contact of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this Website and developing your ideas and suggestions for improved products.
Part 9 Limitation of Liability
- We will not be liable to you or any third party for any indirect, incidental special or consequential damages whatsoever including, without limitation, loss of profits or other intangible losses arising out of or in connection with your use or inability to use the Website, even if we have been advised of the possibility of such damage or loss.