TErms and conditions of sale
1. INTRODUCTION & DEFINITIONS
Our Website is owned and operated by Blqout . These Terms and Conditions together with our Website Terms of Use, Privacy Policy and any other terms available on our Website, govern your access to and use of our Website, including the purchase of Products and services through the Website (collectively referred to as the "Service").
The product guarantee and warranties ("Warranty") set out in these Terms and Conditions govern the warranty coverage for the Products.
1.1 Definitions:
"Australian Consumer” means customers who purchase the Product in Australia.
"Australian Consumer Law" means the competition and consumer law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.
"Blqout", "we", "us", "our" means Umoja Enterprises Pty Ltd (ABN 53 677 556 580) trading as Blqout and its subsidiaries, affiliates, and distributors.
"Privacy Policy" means our Privacy Policy which can be accessed at www.blqout.com/privacy-policy.
“Product" means the products sold by Blqout.
"Terms and Conditions" means these Terms and Conditions of Sale.
“Website” means www.blqout.com.
“Website Terms of Use” means the Website Terms of Use which can be accessed at www.blqout.com/terms-of-use.
"You", "your" means the original end-user consumer who purchased the Product.
2. ACCEPTANCE OF WARRANTY TERMS & SCOPE OF APPLICATION
(a) These Terms and Conditions apply to Products purchased from Blqout directly or through authorised channels.
(b) You may not accept the Terms and Conditions and are not eligible to buy the Products if you are not of legal age or capacity to form a binding contract with Blqout, or you are a person barred from receiving the Product under the laws of your country.
(c) For international Purchases, the Warranty shall be the sole and exclusive warranty provided by Blqout. Any representations, warranties, or conditions provided by local distributors or retailers are their sole responsibility, and Blqout disclaims all liability for such third-party warranties to the maximum extent permitted by applicable law.
3. WARRANTY ACTIVATION & ELIGIBILITY
(a) You must retain your original purchase receipt or invoice as proof of purchase. The Warranty is valid only for the original purchaser and is non-transferable. Any attempt to transfer the Warranty shall render it void.
(b) The Warranty applies only to Products purchased from Blqout or through other authorised channels in your territory.
(c) For international Purchases, you must provide proof that the Product was purchased from us at www.blqout.com or through other authorised channels in your territory. Products purchased from unauthorised sellers or through parallel imports are not covered by the Warranty.
4. GENERAL CONDITIONS
(a) We reserve the right to refuse the sale of Products or the provision of services to anyone for any reason at any time.
(b) You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changed to conform and adapt to technical requirements of connecting networks or devices.
(c) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products without express written permission by us.
(d) A breach or violation of any of the Terms and Conditions will result in an immediate termination of your services to use our Website and buy any further products from us (unless we decide otherwise).
5. PRODUCTS AND SERVICES
(a) Product Availability: Certain Products or services may be available exclusively online through the Website. These Products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
(b) Product Representations: We have made every effort to display as accurately as possible the colours and images of our Products that appear on our Website or in any other online store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
(c) Sales Restrictions: We reserve the right to limit the sales of our Products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
(d) Product Changes: All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time.
(e) Service: We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
(f) Australian customers: All prices on our Website are displayed in Australian Dollars and include GST for Australian customers, unless otherwise stated.
(g) International customers: Prices are displayed in AUD but may be converted to local currency by your payment provider. Exchange rates and conversion fees are the responsibility of the customer.
6. ORDER PROCESSING
(a) Order Information: To place an order, you must provide accurate and complete information, including:
(i) a valid shipping address;
(ii) a working and current email address and contact number; and
(iii) acceptable payment details.
(b) Order Acceptance: Orders are confirmed once payment is approved and received. We reserve the right to refuse any order you place with us.
(c) Order Limitations: We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
(d) Information Accuracy: You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
7. DELIVERY AND TITLE
(a) Title and risk: Title and risk of goods pass to you once payment is complete and the Product is dispatched to your nominated address.
(b) Delivery: We are not liable for delays in delivery caused by third-party carriers or events beyond our control.
8. YOUR USE AND RESPONSIBILITIES
(a) Use: You agree to use the Product only for its intended purpose and in a manner that is permitted by these Terms and Conditions and any applicable law, regulation, or generally accepted practices or guidelines in your jurisdiction.
(b) Compliance with Local Laws: You acknowledge that the Product is designed to meet Australian standards and regulations. It is your responsibility to ensure that the Product, and your use of the Product, complies with local laws, regulations and safety standards in your country. Blqout disclaims all liability for non-compliance with local laws, import regulations, or safety standards in your jurisdiction.
(c) Import and Customs: For international purchases, you are solely responsible for all import duties, taxes, customs clearance, and other charges associated with the purchase and importation of the Product into your country.
(d) Breach of Obligations: You agree that you are solely responsible for any breach of your obligations under these Terms and Conditions and for the consequences (including any loss or damage which Blqout may suffer) of any such breach.
(e) Information provided: You agree to provide accurate, correct, and up-to-date information for warranty registration and any claim. Blqout will rely on the accuracy of the information you provide and will not be liable for any loss suffered by you if you have not provided accurate information.
9. PRODUCT WARRANTIES AND GUARANTEES
9.1 Australian Consumer Law
This clause 7 applies to Australian Consumers only.
(a) Consumer Guarantees: Our Products come with guarantees that cannot be excluded under the Australian Consumer Law, which include guarantees that the:
(i) goods are of acceptable quality;
(ii) goods are fit for any disclosed purpose;
(iii) goods match their description; and
(iv) services will be provided with due care and skill.
(b) The benefits given to you in these Terms and Conditions are in addition to other rights and remedies you may have under the Australian Consumer Law and other relevant State and Territory legislation. Nothing in these Terms and Conditions is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
9.2 Manufacturer’s Warranties
Manufacturer's Warranties: In addition to your rights under the Australian Consumer Law, some Products may come with manufacturer's warranties. These warranties are provided by the manufacturer and are separate from your statutory rights.
10. RETURNS AND REFUNDS
10.1 Valid Claim
To make a valid Warranty claim, you must follow this procedure:
(a) Notify Us: Immediately contact Blqout Customer Service at returns@blqout.com to report the alleged defect.
(b) Provide Information: You must provide the following information to Blqout:
(i) your order number and/or proof of purchase;
(ii) the Product description and serial number (if applicable);
(iii) photos of the issue (if applicable); and
(iv) a description of the fault.
(c) Inspection & Evaluation: Blqout will evaluate the claim based on the information provided. Blqout may, at its sole discretion, require you to return the Product. Blqout will, after evaluation, determine in its sole discretion whether the defect is covered by the product guarantee set out in these Terms and Conditions.
(d) Return Conditions: Products that are faulty should be returned within 28 days of receiving them via a trackable method. We do not accept returns for change of mind unless required by law.
11. REMEDIES – WHAT WE WILL DO
If a valid Warranty claim is made and we have determined that the Product is legitimately faulty, Blqout will, at its sole and absolute discretion, either:
(a) repair the defective Product (if possible); or
(b) replace the defective Product or supply an equivalent product to the customer; or
(c) where repair or replacement is not commercially practicable or cannot be effected within a reasonable time, refund the purchase price of the Product to the original payment method used by the customer.
12. EXCLUSIONS FROM WARRANTY COVERAGE
You acknowledge and agree that the Warranty does not cover and Blqout shall not be liable for:
(a) International and Regulatory Issues:
(i) non-compliance with local laws, regulations, or safety standards;
(ii) damage resulting from improper importation or customs handling; and/or
(iii) international shipping damage that occurs during transit to Blqout for assessment;
(b) Improper Use: Damage resulting from:
(i) improper handling, transportation or use;
(ii) failure to follow the Product's user instructions (if any); and/or
(iii) use of the Product for commercial use or any purpose for which it was not designed.
13. INDEMNITY
To the fullest extent permitted by law, you agree to fully and promptly indemnify Blqout, our related entities, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against any loss (either direct or indirect), damage, or expense whatsoever which Blqout may suffer or incur in respect of:
(a) your violation of any applicable laws or regulations in your country;
(b) any breach by you of the provisions of these Terms and Conditions;
(c) any claim in connection with your use or misuse of the Product by any person;
(d) any false representation made by you in connection with a Warranty claim; and/or
(e) any third-party claims related to your use of the Product.
14. LIMITATION OF LIABILITY
(a) Risk: You expressly understand and agree that your use of the Product is at your sole risk.
(b) Limitation of Liability: Where our liability cannot be excluded, to the extent permitted by law, Blqout’s total liability to you for any and all claims arising under or in connection with the Product or the Warranty is limited, at Blqout’s option, to:
(i) the replacement of the Product or the supply of an equivalent Product;
(ii) the repair of the Product;
(iii) the payment of the cost of replacing the Product or of acquiring an equivalent product;
(iv) the payment of the cost of having the Product repaired; or
(v) the payment of the purchase price paid by you for the Product.
in accordance with these Terms and Conditions.
(c) Indirect losses To the maximum extent permitted by applicable law, Blqout will not be liable for any indirect, incidental, special, consequential, or exemplary damages which may be incurred by you.
(d) Australian Consumer Law: For Australian consumers, nothing in this clause 14 limits or excludes any rights or remedies that cannot be excluded under the Australian Consumer Law.
(e) International Limitations: Where our liability cannot be excluded and to the maximum extent permitted by applicable law, Blqout's total cumulative liability to you for all claims arising from or related to the Warranty or the Product shall not exceed the amount determined in accordance with clause 14(b).
15. INTERNATIONAL ORDERS
(a) International Orders: We may accept orders from international customers, subject to these terms and any additional terms that may apply to international sales.
(b) Customs and Import Duties: International customers are responsible for:
(i) all customs duties, taxes and levies imposed by the destination country;
(ii) compliance with import regulations and restrictions; and
(iii) providing accurate delivery information for customs clearance.
(c) Product Compliance: Products designed for the Australian market may not comply with regulatory requirements in other countries. International customers are responsible for ensuring Products can be legally imported and used in their jurisdiction. We may cancel international orders to jurisdictions with compliance issues or restricted Products and in such a case we will refund your price that you paid for the Products.
(d) Shipping and Delivery for International Orders: Delivery times may vary significantly for international orders;
(i) we use third-party carriers for international delivery;
(ii) risk in the Products passes to you when the Products are delivered to the first carrier; and
(iii) we are not liable for delays caused by customs processing or other import procedures.
(e) Returns for International Orders: International returns may be subject to additional requirements:
(i) customers are responsible for return shipping costs unless the return is due to our error or faulty Products; and
(ii) refunds for international returns may be processed minus any customs duties or taxes we cannot recover.
(f) Jurisdictional Considerations: By placing an international order, you acknowledge that:
(i) Australian law governs the sale contract;
(ii) any disputes will be subject to the jurisdiction of Australian courts; and
(iii) you may have additional rights under your local consumer protection laws.
16. GENERAL PROVISIONS
(a) Governing Law & Jurisdiction: These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to any conflict of law principles.
(b) Exclusive Jurisdiction: For any dispute arising from these Terms and Conditions, you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.
(c) Severability: If any court of competent jurisdiction rules that any provision of these Terms and Conditions is invalid, then that provision will be read down or removed from these Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable.
(d) Force Majeure: Blqout shall not be liable for any failure or delay in the availability, performance and/or delivery of the Products due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, embargoes, strikes, import/export restrictions, epidemics, pandemics or other governmental actions.
(e) Language: The official language used on, and in the packaging of, our Products of is English. Any translations are provided for convenience only, and in case of discrepancy, the English version shall prevail.
(f) Entire Agreement: The Website Terms of Use, Terms and Conditions and Privacy Policy constitute the entire agreement between you and Blqout and supersede any prior agreements, representations, or understandings between you and Blqout.
(g) No Waiver: You agree that if Blqout does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions (or which Blqout has the benefit of under any applicable law), this will not be taken to be a formal waiver of Blqout’s rights and that those rights or remedies will still be available to Blqout.
(h) Changes to the Terms: Blqout may make changes to these Terms and Conditions from time to time. The current version will be posted on our website at www.blqout.com/terms-and-conditions. Changes will not apply retrospectively to Products already purchased but will apply to any Products purchased after the Terms and Conditions have been amended.