1. General

1.1. This website at www.bolttband.com (the "Website" or “Site”) is owned and operated by Boltt (ABN 53 004 085 616)("us", "we" or "our").

1.2. “Purchase Services” means the online shopping and checkout functionality of the Website, including product browsing, ordering, payment processing, and associated delivery services.

1.3. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website. The Website provides this service by way of granting you access to the content on the Website.

1.4. Boltt reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Boltt updates the Terms, it will by acting reasonably, having regard to fraud prevention, stock availability, and operational constraints. Boltt will provide you with notice of updates to the Terms within 30 days’ with written notice. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Placing an order

2.1. You can order products through the Website in accordance with these Terms and Conditions.

2.2. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (including the delivery and other charges and taxes) at the time you place the order.

2.3. We will notify you if any additional delivery fees and freight charges are applicable before you finalise your order. You may incur additional delivery fees or freight charges (in excess of the fees and charges specified above) for:

(a) special, non-stock or bespoke items; or

(b) heavy, bulky or awkward items; or

(c) express or urgent deliveries; or

(d) bulk or large quantity orders.

2.4. Unless otherwise indicated, prices for products and all fees and charges displayed on the Site are inclusive of GST.

2.5. Payment of the Purchase Price may be made through Shop, PayPal, Afterpay and Google Pay (Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

2A. Payment Fraud and Chargebacks

2A.1. Boltt reserves the right to investigate any transaction that we reasonably believe to be fraudulent, unauthorised, or in breach of these Terms.

2A.2. You agree to attempt to resolve disputes with us first where reasonable. For example before initiating any chargeback, payment dispute or reversal with your payment provider without first contacting Boltt to attempt to resolve the matter in good faith.

2A.3. Where a chargeback or payment dispute is initiated in relation to a valid transaction:

(a) Boltt reserves the right to suspend or terminate your account;

(b) Boltt may refuse to fulfil any current or future orders placed by you; and

(c) Boltt may recover any associated costs, chargeback fees, administrative fees, and losses incurred by Boltt as a result of the chargeback.

2A.4. If Boltt reasonably suspects fraudulent activity, Boltt may request additional information from you in order to verify your identity or confirm the validity of a transaction.

2A.5. Boltt reserves the right to cancel, refuse or delay any order where fraudulent or unauthorised payment activity is suspected.

2A.6. Nothing in this clause limits your rights under the Australian Consumer Law.

2B. Export Controls and International Sales

2B.1. You acknowledge that products purchased through the Website may be subject to export control laws, trade sanctions, and other regulatory requirements applicable in Australia and other jurisdictions.

2B.2. You agree that you will not purchase, export, re-export, transfer, or use any product obtained through the Website in violation of any applicable export control laws, sanctions regulations, or trade restrictions.

2B.3. Without limiting the above, you represent and warrant that:

(a) you are not located in, under the control of, or a national or resident of any country subject to applicable trade sanctions or embargoes; and

(b) you are not listed on any government restricted or prohibited parties list.

2B.4. Boltt reserves the right to refuse, cancel or suspend any order where fulfilling that order may breach any applicable export control or sanctions laws.

3. Acceptance or rejection of an order

3.1. A confirmation email acknowledging receipt of an order does not constitute acceptance. Acceptance occurs when the Product is dispatched.

3.2. Boltt retains full discretion to accept or reject whole or part of your order for any reason (including if we determine your order is for a commercial purpose), acting reasonably. If we reject an order placed through the Website we will endeavour to notify you of that rejection.

3.3. We may restrict the quantity of products ordered through the Website by a person, household or address during a particular time.

3.4. Each accepted order creates a separate binding agreement between you and us for the supply of products in that order.

4. Cancellation of an order

4.1. Prior to the dispatch of an accepted order, we may cancel all or any part of that order without any liability to you if:

(a) the requested products are not available; or

(b) there is an error in the price or the description posted on the Site in relation to a product; or

(c) in the case of pre-order items, there is an error or substantial change in the ability for the product to be manufactured, or manufacture in substantial compliance with the price or description posted on the Site in relation to a product; or

(d) the order has been placed in breach of these Terms and Conditions

4.2. We will endeavour to provide you with at least 2 business days' written notice of cancellation by Boltt. We will not charge you for any part of the cancelled order.

4.3. Prior to the point where Boltt issues you an invoice for an order, you may cancel any or part of that order by calling us on INSERT CONTACT NUMBER / EMAIL. We may ask you to provide certain information to verify your identity and order status with us (such as your name, phone number, and email address) prior to cancellation of the order. You must provide us with notice of cancellation (including the reasons for cancellation).

4.4. You cannot cancel all or any part of an order after the point when we have issued you an invoice for that order, except where required by law or agreed otherwise.

5. Delivery

5.1. You acknowledge that the Purchase Services offered by Boltt integrate delivery through the use of third party delivery companies.

5.2. In providing the Purchase Services, Boltt may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Boltt is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services. Nothing excludes our responsibility under ACL for goods until delivery

5.3. In the event that an item is lost or damaged in the course of the Delivery Services, you must:

(a) contact us by sending an email to INSERT CONTACT EMAIL outlining in what way the Products were damaged in transit so we are able to determine;

(i) The appropriate remedy, including repair, replacement or refund

(ii) if the Delivery Service Provider should be removed from the Purchase Services.

(b) Boltt will contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

(c) acknowledge that the Delivery Services provisions in this Section 5 apply only to physical products, and that digital products, services, and online consultancy are provided directly by us and are not subject to third-party delivery or insurance claims.

6. Refunds, Returns

6.1. You may return or exchange a product you have purchased for any reason (including change of mind) within 30 days of the date of purchase, subject to the following, or for another period where required by the Australian Consumer Law. Conditions:

(a) The product is unworn, unused and in original condition

(b) Where applicable, the product must be in its original packaging, with all tags and labels still attached

(c) The product must not be tailor-made customer orders

6.2. We require proof of purchase for any return or exchange. This may include a receipt, extract of a bank statement or transaction history. If you don't provide necessary proof of purchase, we will not be able to provide you with an exchange or refund for the product.

6.3. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause. Please contact our Customer Care via email INSERT CONTACT EMAIL for instruction regarding the shipping process and your eligibility for refund, return or exchange under these Terms.

6.4. Where a refund is approved pursuant to this clause 6, Boltt will process the refund to the original payment, except where you have used a gift card, in which case we will provide you with a replacement gift card of equivalent value.

6.5. Refund processing will occur within 7 business days of receiving the returned Product in acceptable condition, provided that digital products or services that have been accessed, downloaded or used are non-refundable unless the Product is defective or does not match the description provided on the Website.

7. General Disclaimer

7.1. Except as required by law (including the Australian Consumer Law) Boltt does not make any Terms, guarantees, warranties, representations or Conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

7.2. Boltt will make every commercially reasonable efforts consistent with industry standards to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

7.3. The website may include content or links to third party materials. Boltt does not control, endorse or accept responsibility for any third-party content.

8. Limitation of Liability

8.1. To the maximum extent permitted by law, neither party is liable for any indirect or consequential loss, including loss of profit, revenue, goodwill or data. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

8.2. Boltt is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Boltt, by third parties or by any of the Purchase Services offered by Boltt.

8.3. Title and risk remain with Boltt until delivery made under the Australian Consumer Law.

8.4. Nothing in this clause 8 limits or excludes Boltt's liability for loss or damage arising from gross negligence, wilful misconduct, fraud, breach of confidentiality obligations, or failure to maintain reasonable security measures to protect your confidential business information or client data stored on or transmitted through the Website.

8.5. To the maximum extent permitted by law (including the Australian Consumer Law), Boltt's total liability arising out of or in connection with the Purchase Services or these Terms is limited to the greater of:

(a) the purchase price paid for the relevant Product; or

(b) the total fees paid for any associated services in the 12 months preceding the claim.

8.6. This clause does not apply to:

(a) liability under the Australian Consumer Law;

(b) fraud, wilful misconduct or personal injury;

(c) breach of confidentiality or data protection obligations.

9. Indemnity

9.1. You agree to indemnify Boltt, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(c) any breach of the Terms.

10. Dispute Resolution

10.1. Compulsory dispute resolution. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

10.2. Provision for written notice. A party to the Terms claiming a dispute has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

10.3. Resolution. On receipt of that notice by that other party, the parties to the Terms must:

(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Small Business Development Corporation (SBDC) or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Perth, Australia.

10.4. Confidentiality. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

10.5. Termination of Mediation. If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

10.6. Urgent Relief. Nothing in this clause 10 prevents either Party from seeking urgent interlocutory relief (including injunctions or specific performance) from a court of competent jurisdiction where the dispute involves intellectual property infringement, breach of confidentiality obligations, data security incidents, or circumstances requiring immediate protection of rights. Such proceedings may be commenced without complying with the notice, negotiation, or mediation requirements set out in clauses 10.1 to 10.5.

11. Venue and Jurisdiction

11.1. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

12. Force majeure

12.1. To the extent permitted by law, we will not be liable, nor be in default under these Terms and Conditions, for any failure to observe or perform any of our obligations under these Terms and Conditions for any reason or cause which could not, with commercially reasonable diligence, be controlled or prevented by us. These causes include:

(a) acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.

13. Governing Law

13.1. The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

14. Severance

14.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Nothing in this agreement excludes, restricts or modifies any rights under the Australian Consumer Law.

15. Precedence

15.1. If there is any inconsistency between documents, the following order of precedence applies (highest to lowest):

(a) Service Terms of Use;

(b) Terms of Sale;

(c) Warranty;

(d) Terms of Use;

(e) Privacy Policy (except for data-related matters, where the Privacy Policy prevails).