Terms & Conditions
These Terms and Conditions constitute a contract between the customer (You) and BIZ1 Australia.
1. Agreement
1.1 In these Terms and Conditions, We, Our or Us means BIZ1 Australia Pty Ltd (Trading as PC Byte); and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
1.2 By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.
1.3 The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.
1.4 This Agreement and any disputes related to it shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of laws rules.
2. Legal Capacity
If you are under the age of eighteen (18) years you cannot place orders with Us. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years.
3. Website Use
3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
3.2 You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws that apply to You.
3.3 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to the risk of viruses, malicious computer code or other forms of interference that may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
4. Pricing
4.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:
by agreement between You and Us in writing or by email; or
in accordance with clause 7.4.
4.2 All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.
5. Product Specifications
5.1 Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.
5.2 All weights and dimensions of Products described in the Website are approximate. All screens are measured diagonally, and all screen images contained on the Website are simulated unless otherwise indicated.
6. Orders
6.1 You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).
6.2 Orders will be deemed to have been received by Us at the time We send an Order confirmation to Your nominated e-mail address.
6.3 We are an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6.4 We reserve the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).
6.5 We reserve the right to modify or decline your order for any reason. Receipt of an electronic order confirmation does not signify our final acceptance of your order.
6.6 We reserve the right to cancel an order due to issues like stock unavailability, errors in product information, or any other unexpected circumstances.
6.6 In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
6.8 We are not responsible for any interruptions or failures in your personal internet connection or disruptions on our website that might affect your order process.
6.9 We shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Us (or our affiliates), and We shall be entitled to a reasonable extension of time for the performance of such obligations.
6.10 Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
6.11 We reserve the right to cancel orders that have not been collected after 5 days may be cancelled. If an order is cancelled, We will refund any applicable refund back to the original payment method.
6.12 We reserve the right, at our sole discretion, to block, suspend, or terminate any user account associated with the Website. Reasons for such actions may include, but are not limited to:
Abusive or antisocial behaviour towards our staff or other customers.
Suspicion of fraudulent activity or attempts to bypass security measures.
An outstanding balance or debt owed to Us.
Legal requirements or any situation where there may be legal repercussions due to the user's activity.
Any other reasons we deem appropriate or necessary for the safety and integrity of our services and business.
Should your account be blocked or terminated, any pending orders will be cancelled, and funds associated with those orders will be refunded back to the original payment method. Such actions do not prevent Us from pursuing any other legal remedies or rights available to Us.
7. Payment
7.1 You may provide Your nominated credit card during the purchase process described on the Website.
7.2 Payment for Orders will be processed immediately upon confirmation of Your Order.
7.3 If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
7.4 Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.
7.5 A 1.5% Surcharge may apply on payments made via Credit Card (includes MasterCard Credit/Debit or VISA Credit/Debit), ZipPay, Paypal, NFC or other forms of contactless payments
7.6 We may require a scan of your identification before fulfilling an order when collecting an item in-store to prevent fraudulent chargebacks.
7.7 Deposits made for a custom PC Build cover components, labour, and other associated costs are non-refundable once the build has commenced.
8. Delivery and ownership of the goods
8.1 We ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. We do not accept any liability for loss or damage suffered by anyone as a result of any such delays. If a product is deemed lost in transit by the Delivery Partner and is not delivered to you, you are entitled to a full refund or replacement, based on your preference.
8.2 Where applicable, the date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Us.
8.3 We reserve the right and our absolute discretion to not deliver Products to PO Box addresses.
8.4 Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
8.5 The couriers or postal services nominated by Us will deliver Products during local business hours (9am to 5pm, Monday to Friday).
8.6 We are not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Us (as notified to the Customer) in relation to date and time of delivery. We shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
8.7 We reserve the right to not ship to remote or rural locations.
9. Faulty or damaged goods
9.1 We will repair, replace or refund faulty or damaged Products in accordance with our Warranty & Returns Policy and Your rights under the Australian Consumer Law.
Click here to view our Warranty Policy
Click here to view our Returns Policy.
10. Intellectual Property
10.1 All Intellectual Property in any Material on the Website is the property of Us. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
10.2 Any user-generated content like reviews, comments, or uploaded pictures remains the intellectual property of the user, but by posting, you grant us a non-exclusive, royalty-free license to use, display, and reproduce such content for any business purpose.
11. Privacy
11.1 By placing your Order or otherwise contacting Us, you agree that: We may store, process, use and disclose data collected from your Order for the purposes of processing and fulfilling your Order; and your data will be handled in accordance with Our Privacy Policy.
11.2 We prioritize your data privacy. All collected data is stored securely and is never shared with third-party entities without your explicit consent, except as necessary to process your order or comply with legal requirements.
12. Miscellaneous
12.1 We reserve the right to make changes to the PC Byte website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
12.2 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
12.3 A failure or delay by Us to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Us does not preclude its future ability to exercise that or any other power or right.
12.4 No BIZ1 employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
12.5 Neither party shall be held liable for any delay or failure in performance due to unforeseen circumstances beyond their control, including but not limited to natural disasters, wars, or governmental actions.
12.6 Users are responsible for maintaining the confidentiality of their account information. Any unauthorised use of your account or other security breaches must be reported immediately. We reserve the right to terminate accounts that violate these Terms and Conditions.
13. Indemnification
You agree to indemnify and hold us harmless from any claims, losses, damages, or liabilities, including solicitor’s fees, arising from your misuse of this website, violation of these terms, or violation of any rights of a third party.
