Terms and Condition
This page (together with the documents referred to on it) states the terms and conditions (the “Terms and Conditions”) on which you may:
● Access or use our website www.himp.net.au (the “Website”), whether as a guest or a registered user;
● Apply to be approved to join as a Registered Stockist;
● Place an order or purchase any product offered on the Website; and
● Make use of any newsletter or other information (the “Information”) that you subscribe for us to send to you whether by email or otherwise.
In these Terms and Conditions “HIMP”, “we”, or “us” means Hobbyco Imports Pty Ltd ABN 25 064 038 099. The words “you” and “your” mean the person or entity using or accessing the HIMP website for any purpose.
Please read these Terms and Conditions carefully before you start to use the Website, place an order through the Website, subscribe for any Information or read any Information. Your use of any part of the Website and/or placement of an order through the Website and/or subscription for Information shows that you accept and clearly understood the Terms and Conditions and that you agree to abide by them which take effect on the date on which you first use the Website.
If you do not agree with these Terms and Conditions, you should stop using the Website and cancel your subscription for Information immediately.
We reserve the right to change these Terms and Conditions at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Website and/or subscription for Information after changes are posted shows your acceptance of the amended Terms and Conditions.
All products listed on HIMP website are described to the best of our abilities and in accordance with the information that has been provided to us by the manufacturers and/or suppliers. Whilst we try to ensure that information and materials on the Website are correct, some variations in images or descriptions may occur due to individual computer settings or inadvertent error. We will not be held responsible for any errors or omissions.
Product prices and placing an order through the Website is only available to retailers who have applied, and been approved, to join as our Registered Stockist. All prices are expressed in AUD and exclude GST and delivery charges. GST will be charged except for Export orders which are sent GST FREE.
Prices displayed on the Website are current except for products marked as pre-order. Prices published on pre-order items are estimates only and are subject to change.
We reserve the right to amend prices on a product at any time. The Website will be updated promptly to reflect any of these changes.
● For Registered retailers that have at least one brick-and-mortar retail store in Australia: Minimum OPENING order value is $350 excluding GST.
● For Registered Retailers that exclusively sells Online: the Minimum opening order is $1000 + GST and repeat orders $500 + GST.
Product Availability and Advance Orders
All Registered Stockists can order any products on offer in the Website. Although most of the products in the Website are readily available, some items may be out of stock or marked as pre-orders. All products offered in the Website are therefore subject to availability.
Items are marked as pre-order if:
● Products are already in transit or are awaiting delivery from the manufacturer; or
● Items are for future release and available for advance orders. These are often but not limited to highly collectable and/or limited-run items, which are announced before the manufacturing process.
If you wish to order a product that is marked as a pre-order, we will put it on advance order and notify you once the product is already available for shipment to you. Placing an advance order is a commitment to take the ordered quantity without variation and failure to comply with this will result in closure of the account.
Please note that the estimated time of arrival or any item release dates published on the Website is based on what the manufacturer has provided to us and may change depending on but not limited to, manufacturing problems, transport delays or sudden weather changes. In which case, we will notify you of any delays that may occur.
If you wish to order an out of stock product, please contact us at +61 2 9605 5944 or send your inquiry to firstname.lastname@example.org and we will try our best to source the product for you. However there may be some instances where a product is no longer available or is part of a discontinued line and therefore, placing an order on an out-of-stock product is not guaranteed to be supplied. If we are able to procure the product from the manufacturer, we will put it on backorder in your account and notify you when it arrives.
In the rare circumstance that a product marked as in stock is purchased through 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. We will not be held liable for any claims or damages whatsoever in the event of the unavailability of products displayed on the Website.
The total amount of your order is to be paid in full at the time of receiving a pro-forma invoice. We accept all orders by payment with Visa, MasterCard and Bank Transfer. Goods will be forwarded to you once full payment has been cleared.
HIMP does not offer credit facilities for the purchase of any goods.
Warranty on Products
Any item ordered through the Website is subject to the Competition and Consumer Act 2010 (the Act) once the order is finalized and paid. It guarantees legal consumer rights and remedies that cannot by law be excluded.
All our products are also sold with a warranty against manufacturing faults and defects (Manufacturing Warranty) as stated in the warranty information sent to you with the product. The warranty on products also applies when you sell an item to another party (End-User).
If an End-User experiences difficulty with a product that was ordered from us, we recommend that you do one or more of the following or suggest that the End-User do any of these:
● double check the manual;
● contact our customer service team to troubleshoot the product over the phone; or
● check consumables such as tyres, blades, and filter.
Our liability for any breach of term, condition or warranty which cannot be excluded, restricted or modified at all or only to a limited extent shall be limited to the extent it can be limited or excluded, to any one of the following as advised by HIMP:
● 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.
Use of Website
Use of the Website and subscription for Information does not include the provision of a computer or other necessary equipment to access it. To use the Website or access Information you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.
You shall not in any way use the Website or Information or submit to us or to the Website or to any user of the Website or subscriber to the Information anything which in any respect:
● impersonates any other person or body or misrepresents a relationship with any person or body;
● may infringe or breach the copyright or any intellectual property rights or privacy or other rights of us or any third party;
● may be contrary to our interests;
● is contrary to any specific rule or requirement that we stipulate on the Website in relation to the Information, a particular part of the Website or the Website generally;
● involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, worms, cancelbots, computer programming routines or any activity that interferes with or disrupts the Website or the servers and networks that host this Website; or
● is an 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.
Use and access of the Website shows that you understand 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.
All marks and logos of HIMP displayed on the Website, as well as the domain name www.himp.net.au are and will remain our exclusive property. HIMP reserves all rights under trademark and copyright law. Any reproduction, distribution, transmission, modification or use of these marks for any purpose without our prior, written consent is strictly prohibited.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or the Website for the purpose of use on the Website or in Information or for generally marketing (by any means and in any media) our services or use the content in developing or improving our products and services.
You hereby indemnify HIMP against all claims, actions, suits, demands or costs made on or against HIMP by any person for any indirect, incidental, or consequential damages whatsoever including, but not limited to, loss of profits or other intangible losses arising from the supply or use of any goods and materials supplied by HIMP 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.
You assume sole responsibility for results obtained from the use of the Website and/or Information, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Website or Information, or any actions taken by us at your direction.
You agree to comply at all times with any instructions for use of the Website and Information which we make from time to time.
last updated 01 May 2015