Terms & Conditions

Thank you for choosing Virtuate.

This website is owned and operated by Virtuate Pty Ltd ACN 644 078 544 (Virtuate, we, us). These terms and conditions (Terms) apply to your use of this website (domain name www.austier.com.au) (Website), including your purchase of any products we make available via the Website (Products).

By ordering any Product, or otherwise accessing or using this Website, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you must not access or use our Website, or order any of our Products.

We reserve the right to change these Terms from time to time. You should check this page regularly and take note of any updates to these Terms. Your continued use of our Website after the effective date of the change constitutes your agreement to the updated Terms.

  1. Your Warranties and Obligations
    1. You may use our Website to browse and purchase Products.
    2. By placing an order on our Website, you represent and warrant that:
      1. you will only use this Website for personal, lawful, non-commercial purposes;
      2. you have the legal capacity to enter into this agreement; and
      3. all details you provide to us via our Website are true, correct and submitted in good faith.
  2. Website Access and Functionality
    1. Access to this website is permitted on a temporary basis, and we reserve the right to amend or take down this Website at any time without notice.
    2. Virtuate, and its directors, officers, employees, agents, representatives and third-party content providers, make no warranties or representations that the Website will be uninterrupted or error-free.
    3. Virtuate makes reasonable efforts to ensure that the Website runs efficiently and smoothly, however we take no responsibility and will not be liable for any loss you suffer as a result of the Website being unavailable.
  3. Membership
    1. In order to access some of the features of the Website you may need to become a member, or create an account.
    2. If, during the process of becoming a member or creating an account, you provide any information which is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to and use of the parts of the Website that require a current membership or account.
  4. Pricing and Product Details
    1. Unless otherwise indicated on the Website, delivery costs apply in addition to the prices shown for Products.
    2. Where we provide images of Products on the Website, these images are intended as a guide only and we do not guarantee that our Products will exactly match those pictured on the Website.
  5. Availability
    1. We will endeavour to supply all Products we make available for purchase on the Website and to remove Products as they become unavailable. However, we do not guarantee availability. Where a Product you order is unavailable, we will contact you in order to offer an alternative item, refund or credit.
  6. Orders
    1. When you place an order with Virtuate, it is an offer by you to purchase a particular Product or Products for the specified price shown on the Website at the time of the order and in accordance with these Terms. You must pay for the Products in full, including any applicable delivery costs, at the time of check out.
    2. After you have completed the checkout process on our Website, we will send you an email confirming the details of your order and a receipt. We will send you a further confirmation email once your Products have been dispatched, which will also include details of the estimated time frame for delivery.
    3. Virtuate reserves the right to reject your offer to purchase Products for any reason whatsoever, including where:
      1. there is a problem with your order, such as an issue concerning pricing or availability, quantity purchased, or insufficient payment or delivery details;
      2. we are unable to supply the Product to you within a reasonable time frame; or
      3. your payment has been dishonoured or reversed.
    4. If we cancel your order, we will contact you to make alternative arrangements.
    5. To ensure our Website is not used for commercial purposes, Virtuate reserves the right to limit purchases to what we consider to be normal retail quantities.
  7. Payment
    1. We use third party gateways, such as PayPal and Stripe, to process payments for purchases made on our Website.
    2. You represent and warrant that all details you provide to us for the purpose of purchasing a Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the price of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
    3. If your payment is dishonoured or reversed for any reason after it has been submitted but before the Product has been dispatched, you must immediately make the payment again. We reserve the right to delay processing your order or dispatching the Product until we receive full payment.
  8. Promotions and Discounts
    1. Virtuate may issue coupons or discount codes from time to time for use on the website (Discount Codes). It is your responsibility to ensure the Discount Code is valid, and that you enter the Discount Code at the time of making your purchase online. We cannot apply Discount Codes retrospectively once you have submitted your order. Unless otherwise specified, a Discount Code cannot be used in conjunction with other offers, is non-transferrable and cannot be redeemed for cash or credit.
    2. Additional promotional terms and conditions may apply to the use of the offer or promotion.
  9. Delivery
    1. We try to ensure that all Products are delivered in a prompt and timely manner. However, we rely heavily on third party manufactures and other service providers to manufacture and deliver our Products. From time to time, delays by our third party suppliers and other factors outside of our control may result in delays in delivering Products. Virtuate does not have control over such delays and does not accept any liability for loss or damage suffered by you, or anyone else, as a result of any such delays.
    2. All delivery times provided are estimates only and should not be relied upon as guaranteed times. We will not be liable to you for any loss suffered by you as a result of delays in delivering Products to you, or as a result of your reliance on our estimated delivery times.
    3. Our Products are sourced from manufactures and other suppliers located in various locations. All Products are shipped individually regardless of whether the Products are part of the same order, so items may arrive at different times. Due to the time it takes for international deliveries to arrive, our current estimated shipping time-frame is:
      1. 13-20 business days for all Products. This timeframe is for normal circumstances and does not take into account logistics issues that are out of our control, including but not limited to global pandemics, natural disasters, accidents, etc.
    4. Virtuate reserves the right not to ship to remote or rural locations.
    5. You must provide us with a valid delivery address for the delivery of the Products. You will be responsible for any additional re-delivery fees if you specify an incorrect delivery address.
    6. All of our items are 100% new and in excellent condition when shipped from our warehouse, but from time to time, third party delivery companies are known to mishandle items and cause damage (including damage to packaging). We cannot be held responsible for any damage caused to Product packaging during transit. However, if the Product itself is damaged, please contact us so that we can assist in providing a suitable solution.
  10. Order Cancellation
      1. If you need to cancel your order, please contact us as soon as possible. We will happily cancel your order and refund the price paid by you for the Product if you contact us to request cancellation prior to your order being dispatched. We cannot be held liable if we are unable to respond to or see your request before the Product is shipped. We are not able to offer refunds or cancellations for change of mind once a Product has been dispatched to you. We apologise if this causes you any inconvenience.
  11. Returns and Refunds
    1. It is your responsibility to assess the suitability of our Products prior to making a purchase. We do not offer refunds or exchanges for change of mind.
    2. If you believe you have received the wrong Product, or a faulty or damaged Product, please let us know on the same day you receive the Product and provide us with proof of purchase and photographs or videos evidencing the fault or other issue (if applicable). We reserve the right to request additional evidence from you, if we are unable to determine whether a refund or replacement is warranted based on the photos or videos you initially provide.
    3. If you wish to apply for a refund or replacement, please contact us using the “Contact” page on our Website and we will provide instructions for where to send the item(s). Products must be returned new, unused and in their original packaging within 14 days of the delivery date if eligible for a refund.
    4. Please note that we do not cover the cost of shipping associated with sending the Products back to us. We will notify you via email when your request has been processed. Any applicable refund will be made to you using the same payment method you used to make the original purchase. The refund, if granted, may take a few days to process or appear back in your account.
    5. We reserve the right to inspect the returned Product before determining whether a replacement, repair or refund is offered. We may refuse your request for an exchange or refund if the Product has been tampered with, or used contrary to the instructions provided.
    6. We are not responsible for loss or damage to Products while in transit. You may want to consider purchasing tracking/insurance for the Product in case the Product is lost or damaged in the course of being mailed back to us.
    7. This clause 11 should be read subject to clause 18 (Non-Excludable Rights) and clause 19 (Limitation of liability).
  12. Intellectual Property
    1. You acknowledge that all material published or appearing on the Website, including the designs, layout, logos, graphics, images, icons, photographs, typefaces, software, data, information, pictures, and other materials, including all third party content and user generated content (collectively, Content) is owned by or licensed to Virtuate. The Content must not be reproduced, published or transmitted for any purpose without prior written consent of Virtuate, or a required by law.
    2. All rights not expressly granted herein are reserved.
  13. Privacy and Personal Information
    1. Please refer to our Privacy Policy for further terms and conditions relating to your personal information, what types of personal information we collect and how it may be used. By using the Website, or otherwise providing us with any of your personal information, you agree for Virtuate to handle your personal information in accordance with the terms of our Privacy Policy (as amended from time to time).
  14. Your Conduct
    1. You must not:
      1. use the Website in breach of any laws or regulations;
      2. use the Website to harm, abuse, harass, stalk, threaten or offend others; or
      3. interfere with or disrupt the Website.
    2. Without limiting the above, you must not and must not permit a third party to:
      1. use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content; or
      2. do anything that may damage, disrupt access to or interfere with the proper operation of the Website.
  15. Important Disclaimers
    1. By accessing our Website, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any third party content or third party website.
    2. In the event that a Product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, Virtuate reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Such occurrences may warrant a refund or store credit and will be assessed on an ad hoc basis.
    3. If there is any inconsistency between the prices shown in Virtuate catalogues, emails or other promotional material and the prices shown on the Website due to human or typographical error, Virtuate reserves the right to nominate which price the Product will be sold for and Virtuate will not be held liable or responsible in any way.
    4. You acknowledge and agree that:
      1. the information provided on the Website or any other material accessed via the Website is general in nature and should not be construed or used as specific advice;
      2. the content of the Website, including the Products available on the Website, is subject to change without notice;
      3. while Virtuate makes reasonable efforts to ensure that the information and other material provided on the Website is current, reliable, accurate and complete, all information and material on the Website is provided in good faith on an “as is” basis and to the extent permitted by law, we do not warrant or make any representations as to the currency, accuracy, reliability or completeness of information and material provided on the Website;
      4. Virtuate, its directors, officers, employees, agents, representatives and third party content providers, do not accept any responsibility arising in any way (including negligence), and is not liable for any loss (whether direct or indirect), resulting from any reliance or action taken by you as a result of any information or material accessed through the Website or for errors, or omissions from, the information provided on the Website;
      5. photographs, illustrations and packaging images shown on the Website are a representation of the Products advertised and the appearance of actual Products may vary; and
      6. you will make your own inquiries and seek independent advice before acting or relying on any information or material provided on the Website.
  16. Third Party Links
    1. The Website may contain links to other sites on the internet that are owned and operated by third parties (Third Party Website). Those links are provided to you as a free service for your convenience only.
    2. Any dealing between you and a Third Party Website is solely between you and the owner of that website and you use and access any Third Party Website at your own risk. We have no control over the Third Party Websites and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
    3. Any link from the Website directing you to a Third Party Website does not imply our endorsement or approval of that Third Party Website, or any product or service being offered, provided, advertised or promoted on that Third Party Website. To the extent permitted by law, we do not make or give any representation or warranty, whether express or implied, as to any matter relating to any Third Party Website, including but not limited to the currency, reliability, accuracy and completeness of information provided on that Third Party Website.
  17. Third Party Information
    1. Information about the Products that are sold on the Website have been largely sourced from third parties, who are the manufacturers, suppliers and retailers of those Products (Third Party Information).
    2. You agree and acknowledge that where the Website sets out Third Party Information, that Third Party Information is being made available by us to you as a free service for your convenience only. Whilst we will not knowingly provide incorrect information, any reliance on Third Party Information is entirely at your own risk. To the extent permitted by law, Virtuate does not give any representation or warranty, whether express, implied or otherwise, as to the accuracy, currency, reliability or completeness of Third Party Information provided on the Website and we are not responsible for inaccuracies or errors caused by incorrect information supplied to us by third parties.
  18. Non-Excludable Rights
    1. Nothing in these Terms is intended to have the effect of excluding any applicable law that cannot be lawfully excluded, restricted or modified by agreement of the parties (Non-Excludable Rights). To the maximum extent permitted by law, the liability of Virtuate in respect of any breach of or failure to comply with any Non-Excludable Right (which cannot be excluded but which can be limited) is limited to Virtuate doing one or more of the following (at its election):
      1. if the breach is in respect of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or
      2. if the breach is in respect of services: the supply of the services again; or the payment of the cost of having the services supplied again.
  19. Limitation of Liability
    1. To the extent permitted by law, Virtuate’s total aggregate liability to you for all claims under or in connection with these Terms, regardless of the nature of such claim, shall in no circumstances exceed:
      1. if the claim relates to a particular Product you have purchased, the total amount paid by you to Virtuate for that Product; or
      2. otherwise, AUD10.
  20. Indemnity
    1. You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees (Indemnified Parties), from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees suffered or incurred by the Indemnified Parties, arising out of your breach of these Terms or your breach of any law or infringement of any third party rights.
  21. Violations
    1. We take reports of copyright infringement seriously. If you find any content on our website that is incorrect, or suspect that the content infringes your intellectual property rights, please notify us by contacting via the “Contact Us” page of our Website.
  22. Severability
    1. If any provision of these Terms is deemed to be invalid, illegal or unenforceable, that will not affect or impair the validity, legality or enforceability of the remaining terms and those remaining terms shall remain in full force and effect.
  23. Governing Law and Jurisdiction
    1. These Terms shall be governed by the laws of Queensland, Australia. Each party irrevocably submits to submit to the courts of Queensland, Australia and courts of appeal from them.
  24. Contact
    1. If you have any questions or concerns in relation to the Website or the Terms please submit an online query via the “Contact Us” page of the Website.
  25. Interpretation
    1. The following rules of interpretation apply to these Terms unless the context required otherwise:
      1. the singular shall include the plural and vice versa;
      2. a reference to these Terms or another document includes any variation, novation, replacement or supplement to any of them from time to time;
      3. a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing; and
      4. references to “includes”, “including” or like words or expressions are not intended to be exhaustive and shall be read as if followed by “without limitation”.

These terms were last updated 8 April 2022.