WWTU.202609
Westan Webstores Terms of Use
Purpose. These Terms of Use govern your access to and use of the websites www.westan.com.au and www.westan.net.nz (together, the “Sites”), operated by Westan Australia Pty Ltd (ABN 40 111 699 819) and Westan (NZ) Limited (NZBN 9429 0363 85874) (together, “Westan”, “we”, “us” or “ours”).
Agreement. By accessing or using our Sites, you agree to be bound by these Terms of Use. If you do not agree, please do not use our Sites.
Website Functions. Our Sites enable you to browse, order and purchase products, including making payment for those products through our Sites. By placing an order, you are making an offer to purchase products on the terms of our Terms and Conditions of Supply (WTCS.202609), which, together with our Westan Freight and Delivery Policy (WFDP.202607), govern the sale, payment and delivery of products purchased through the Sites. A contract for the sale of goods is only formed once we accept your order, as set out in our Terms and Conditions of Supply.
About Westan. Westan is an Australian and New Zealand-owned distributor of audiovisual and consumer electronics products. References to Westan in these Terms include our related entities operating in Australia and New Zealand.
Account Registration. You may be required to be registered for an account to place orders through our Sites. You must provide accurate, current and complete information when registered, and keep your account login details confidential. You are responsible for all activity conducted through your account. If you believe your account has been used without your authorisation, please contact us immediately.
Use of the Site. You may access and use our Sites for lawful purposes only. You must not:
Use our Sites in any way that breaches any applicable law or regulation in Australia, New Zealand or any other relevant jurisdiction
Use our Sites to transmit or distribute any virus, malware or other harmful code
Attempt to gain unauthorised access to our Sites, the server on which it is hosted, or any server, computer or database connected to our Sites
Use any automated system, including “robots” or “spiders”, to access our Sites other than through publicly available search engines
Use our Sites in any way that could damage, disable, overburden or impair our Sites, or interfere with any other party’s use of our Sites
Copy, reproduce, republish, frame, upload, post, transmit, distribute or otherwise use any Site content for any commercial purpose without our prior written consent.
Ordering, Pricing and Payment. The following terms apply when you place an order through our Sites:
Placing an order is an offer to purchase, which we may accept or decline at our discretion, including where a product is unavailable, incorrectly priced or described, or where we suspect fraud
Prices displayed on the Site are in Australian dollars (www.westan.com.au) or New Zealand dollars (www.westan.net.nz), as applicable, and excludes GST, unless stated otherwise
We take reasonable care to ensure pricing and product information on our Sites is accurate, but errors may occur. If a pricing or product error occurs, we may cancel or correct the affected order and will contact you before proceeding
Payment is processed via a secure third-party payment gateway. We do not store your full payment card details. By providing payment details, you warrant that you are authorised to use the payment method provided
Delivery of products is governed by our Westan Freight and Delivery Policy (WFDP.202609)
Breach. We may suspend or restrict your access to our Sites at any time, without notice, if we reasonably believe you have breached these Terms.
Intellectual Property. All content on our Sites, including text, graphics, logos, images, product information, brand names and the layout and design of our Sites, is owned by or licenced to Westan and is protected by copyright, trademark and other intellectual property laws in Australia, New Zealand and other jurisdictions.
Site Use. You may view, print or download material from our Sites for your own personal or internal business use, provided you do not modify the content and you retain all copyright and other proprietary notices. You must not otherwise reproduce, distribute or commercially exploit any content from our Sites without our prior written consent.
Products and Brands. Product names, brand names and logos referenced on our Sites may be trademarks of Westan or of the third-party brands we distribute (including but not limited to Sonos, Focal, Naim, Klipsch, Onkyo, Polk, Denon, Marantz, Bowers & Wilkins, Epson, Aurora Displays, Kramer, Philips, TCL and Videri), and are used with permission or under licence where required.
Enquiries and Content You Submit. If you submit any information to us through our Sites – for example, via a contact or enquiry form or when placing an order (including delivery and payment details) – you must ensure that information is accurate and that you have the right to provide it to us. You must not submit any content that is unlawful, defamatory, misleading or infringes the rights of any third party.
Personal Information. Any personal information you provide through our Sites is handled in accordance with our Privacy Policy (WGPP.202609) available on our Sites.
Links to Other Websites. Our Sites may contain links to third-party websites, including supplier, reseller or partner websites. These links are provided for convenience only. We do not control and are not responsible for the content, accuracy or privacy practices of any linked website, and inclusion of a link does not imply our endorsement of that website.
No Warranties. Our Sites and their content are provided “as is” and “as available”. To the extent permitted by law, we make no representations or warranties, express or implied, about the accuracy, completeness, currency or reliability of any content on our Sites, including product specifications, availability or pricing information, which is provided for general information purposes only and may change without notice.
Consumer Guarantees. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, the Consumer Guarantees Act 1993 (NZ), the Fair Trading Act 1986 (NZ) or any other law that cannot lawfully be excluded, restricted or modified by agreement.
Limitation of Liability. This clause applies to your access to and use of the Sites themselves; our liability in relation to products you purchase through our Sites is governed separately by our Terms and Conditions of Supply (WTCS.202609) and the consumer guarantees referred to in clause 16. To the maximum extent permitted by law, Westan excludes all liability (including for negligence) for any loss or damage, whether direct, incidental, special or consequential, arising out of or in connection with your access to or use of our Sites, including any loss of data, business, profits or goodwill, even if we have been advised of the possibility of such loss. Where liability cannot be excluded but can be limited, our liability is limited, at our option, to resupplying the relevant information or service, or the cost of doing so.
Indemnity. To the extent permitted by law, you agree to indemnify Westan and its officers, employees and agents against any loss, damage, cost or expense arising from your breach of these Terms or your misuse of our Sites.
Privacy. Your use of our Sites is also governed by our Privacy Policy, which explains how we collect, use and disclose personal information in accordance with the Privacy Act 1988 (Cth) and the Privacy Act 2020 (NZ). Please refer to our Privacy Policy (WWPP.202609) available on our Sites for further information.
Changes to These Terms. We may amend these Terms of Use at any time, in our sole discretion, by updating this page. Your continued use of the Site following any changes indicates your acceptance of the updated Terms. We recommend you check this page periodically.
Governing Law and Jurisdiction. These Terms are governed by the laws of the State of Victoria, Australia, in respect of use of our Site by users in Australia, and by the laws of New Zealand in respect of use of our Site by users in New Zealand, without giving effect to any conflict of law principles. You submit to the non-exclusive jurisdiction of the courts of that place.
Severance. If any provision of these Terms is found to be void, invalid or unenforceable, that provision will be severed and the remainder of these Terms will continue in full force and effect. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
For any questions or notice, please contact us at:
Westan Australia Pty Ltd
ABN 40 111 699 819
Unit 1, 191–195 Greens Road, Dandenong South, Vic 3175, Australia
Phone: 1300 963 963
Westan (NZ) Limited
NZBN 9429 0363 85874
Unit 4, 38 Peters Way, Silverdale, Auckland 0932, New Zealand
Email: info@westan.com.au