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SECTION 2 – TERMS OF SALE OF PRODUCTS THROUGH OUR WEBSITE


PLEASE NOTE CLAUSE 15 WHICH LIMITS OUR LIABILITY TO YOU AND CLAUSE 10.3 WHICH LIMITS YOUR RIGHT TO CANCEL FOR CONVENIENCE.


These are the terms and conditions on which we supply Products to you which you have purchased through our Website. Please read these terms carefully before you submit your order to us. These terms tell you how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.


BY PLACING AN ORDER FOR PRODUCTS(S) THROUGH OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS SECTION 2.


Clause references in this Section 2 relate to clauses in this Section.

1. HOW WE MAY CONTACT ONE ANOTHER
1.1 How to contact us. You can contact us by telephoning our customer service team at 61 2 8294 9169 or by writing to us at help@ring.com.
1.2 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.
1.3 Writing includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2. OUR CONTRACT WITH YOU

2.1 How we will accept your order: Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.2 If we cannot accept your order: If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
2.3 Your order number: We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3. OUR PRODUCTS


3.1 Products may vary slightly from their pictures. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.

3.2 Product packaging may vary. The packaging of the Products may vary from that shown in images on our Website.


4. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 - Your rights to end the contract).

5. OUR RIGHTS TO MAKE CHANGES

5.1 Minor changes to the Products.  We may change the Product:

5.1.1 to reflect changes in relevant laws and regulatory requirements (for example where we are required to amend the wiring or voltage of the Product); and/or

5.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product.

6. PROVIDING THE PRODUCTS

6.1 Delivery costs. The costs of delivery will be as displayed to you on our Website
6.2 When we will provide the Products. During the order process we will let you know when we will provide the Products to you. We will deliver the Products ordered to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
6.3 We are not responsible for delays outside our control. If our supply of the Product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
6.4 If you are not at home when the Product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the Product will be left at your delivery address.
6.5 Your legal rights if we deliver Products late. You have legal rights if we deliver any Products late. If we miss the delivery deadline for any Products then you may treat the contract as at an end straight away if any of the following apply:

6.5.1 we have refused to deliver the Products;

6.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

6.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.

6.6 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.7 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.6 or clause 6.6, you can cancel your order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must either, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services or email us (see clause 1.1 for details) for a return label or to arrange collection.
6.8 When you become responsible for the Products. A Product will be your responsibility from the time of delivery of the Product to the address you give us.
6.9 When you own the Products. You shall own the Products once we have received payment in full for them.
6.10 Reasons we may suspend the supply of Products. We may have to suspend the supply of a Product to:

6.10.1 deal with technical problems or make minor technical changes;

6.10.2 update the Product to reflect changes in relevant laws and regulatory requirements; and/or

6.10.3 make changes to the Product as requested by you or notified by us to you (see clause 5).

7. SOFTWARE

In addition to the terms set out in this Section 2, the terms in Section 3 apply to any software (including any update or updates to the software and any related documentation) that we make available to you from time to time for your use in connection with our Product(s). You are responsible for downloading and/or installing any software that we make available to you to enable you to operate and benefit from all the features of the Product(s).

8. CLOUD VIDEO RECORDING SERVICES

The terms upon which we provide our Cloud Service are contained in Section 3 below.

9. PRICE AND PAYMENT


9.1 Where to find the price for the Product. The price of the Product (which includes GST) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the Product advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the Product you order.

9.2 We will pass on changes in the rate of GST. If the rate of GST changes between your order date and the date we supply the product, we will adjust the rate of GST that you pay, unless you have already paid for the product in full before the change in the rate of GST takes effect.

9.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

9.4 When you must pay and how you must pay. We accept payment with the credit and debit cards listed on our Website. You must pay for the Products before we dispatch them. We will not charge your credit or debit card until we despatch the Products to you.


10. YOUR RIGHTS TO END THE CONTRACT FOR PRODUCTS

10.1 You can always end your contract with us. Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
10.1.1 if what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 13;
10.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
10.1.3 if you have just changed your mind about the Product, see clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; or
10.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see clause 10.4.

 

10.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 10.2(a) to 10.2(e) below, the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

10.2.1 we have told you about an upcoming change to the Product or the Terms which you do not agree to
10.2.2 we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
10.2.3 there is a risk that supply of the Product may be significantly delayed because of events outside our control;
10.2.4 we have suspended supply of the Product for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
10.2.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.6)).
10.3 Exercising your right to change your mind. For any of our Products bought online through our Website you have the right to change your mind within 30 days after you (or someone you nominate) receive the Product and to receive a refund. You must notify us within that 30 day period.
10.4 Ending the contract where we are not at fault and there is no right to change your mind under clause 10.3. Even if we are not at fault and you do not have a right to change your mind (see clause 10.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for Products is completed when the Products are delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

11.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

11.1.1 Phone or email. Contact details are contained in clause 1.1. Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.1.2 By post. Write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
11.2 Returning Products after ending the contract. If you end the contract for any reason after Products have been despatched to you or you have received them, you must return them to us. You must post them back to us at the address provided in clause 1.1 or (if they are not suitable for posting) allow us to collect them from you. Please call customer services by telephone or email (contact details provided at clause 1.1) for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
11.3 When we will pay the costs of return. We will pay the costs of return:
11.3.1 if the Products are faulty (see clause 13 below) or mis-described;
11.3.2 if you are ending the contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

11.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
11.5 How we will refund you. We will refund you the price you paid for the Products including (where you are entitled to the refund as specified elsewhere under these terms) delivery costs (except that such original delivery costs shall not be refunded where you are exercising your rights under section 10.3), by the method you used for payment. However, we may make deductions from the price, as described below.
11.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
11.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then if we have not offered to collect the Product, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 11.2.

12. OUR RIGHTS TO END THE CONTRACT

12.1 We may end the contract if you breach it. We may end the contract for a Product at any time by writing to you if

12.1.1 you do not make any payment to us when it is due and you still do not make payment within fifteen (15) days of us reminding you that payment is due;
12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product, for example, the correct delivery address; or
12.1.3 you do not, within a reasonable time, allow us to deliver the Product to you.

12.2 You must compensate us if you breach the contract. If we end the contract in the situations set out in clause 12.1, we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the contract


13. IF THERE IS A PROBLEM WITH THE PRODUCT

13.1 How to tell us about problems. If you have any questions or complaints about the Product, please contact us (see clause 1.1 for details).
13.2 Summary of your rights where there is a fault with our Product. Where our Product or the Software:
13.2.1 is faulty you can return the Product to us within 30 days of you receiving the Product, and be entitled to a full refund; or
13.2.2 develops a fault after the first 30 days of receiving the Product then, subject to clause 13.3, can return the Product to us and:
13.2.2.1 if the fault is a minor problem, we will repair the Product for free; or
13.2.2.2 if the fault is a major problem, we will offer you the choice of a replacement or refund.

Minor problems: generally mean faults with the Product that aren’t major problems and that can be repaired within a reasonable period of time.

Major problems: mean a problem that would have stopped you from buying it if you had known about it; the Product is substantially unfit for its common purpose and can’t be easily fixed; the Product doesn’t meet the specific purpose you asked for and can’t be easily fixed; it’s unsafe; it’s significantly different from the description; it doesn’t do what we say it should and can’t be easily fixed; or it creates an unsafe situation.

13.3 The Australian Consumer Law allows you to make a claim for a faulty Product where the fault becomes apparent within a reasonable period from the date of delivery. We will have regard to the particular Product, its reasonably expected life and the amount of use of the Product when determining what is a reasonable period for which we can offer to repair, replace or refund faulty Products. We recommend you notify us as soon as reasonably practicable following the discovery of a fault.
13.4 Warranty. There is a limited warranty available for Ring Products, which is in addition to your rights under clauses 13.2 and 13.3 above. You may view the limited warranty here.
13.5 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the reasonable costs of postage or collection. Please contact customer services (see clause 1.1) for a return label or to arrange collection.
13.6 Faults not covered by the above rights to refund/repair/replacement. Any repair to our Product other than by us, damage to our Product due to misuse, abuse, negligence or casualty (e.g., fire) by a third party are not covered by this clause. In addition, subject to clause 13.6, any unauthorised service or modification of the Product or of any furnished component will void your right to a refund/repair/replacement of our Product under this clause 13 in its entirety. We will not be responsible for repairing or replacing any battery supplied with a Product, or for any refund in relation to the same.
13.7 If we fail to repair the Product or cannot do so within a reasonable time, you are entitled to reject the Product and seek either a refund or replacement or you can have the Product fixed elsewhere and we will reimburse you the reasonable costs of such repair (reasonable costs will generally mean costs within the normal range charged by repairers of the Product).
13.8 If you return a Product to us and it is found not to have a problem, we may require you to pay the transport and inspection costs incurred by us. We will provide an estimate of these costs when you contact us about your Product prior to its delivery to us.
14. INSTALLATION OF OUR PRODUCT AT YOUR PROPERTY

14.1 You will be responsible for installing the Product at your property. While we provide instructions for installation of the Product at your premises, a qualified/certified electrician must install any Product, at your sole cost and expense, which is to be wired to the electrical mains, or do any work which includes any wiring with another product which is connected to the electrical mains. You acknowledge and agree that you will not, unless you are a qualified/certified electrician, install or do any work which includes any such wiring and that to the fullest extent permitted by law we will have no liability to you for any damage caused to any property or person where you do not comply with this clause.
14.2 You will install any Product which takes visual and/or audio recordings at such an angle so that it does not take any such recordings beyond the boundary of your property. This means that no recordings from anyone else's property, nor from any land not owned by you (including public pavements or roads) may be taken. Privacy Notice In making recordings with the Product, you agree to  prominently display appropriate signage advising others that audio/visual recording is taking place; and, if you use your property as a workplace, to comply with laws governing the monitoring of employees.


15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

 

15.1 We are responsible to you for reasonably foreseeable loss and damage caused by our breach of the consumer guarantees set out in the Australian Consumer Law and any other warranties set out in these Terms, in addition to any repair, replacement or refund.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation. To the extent permitted by law, and except as otherwise provided in these Terms and the Australian Consumer Law, we exclude all conditions, warranties, representations or other terms which may apply to your use of our Products(s), whether express or implied.
15.3 We are not liable for your use of the Product other than in accordance with these Terms and applicable law. You acknowledge and agree that we shall not be responsible for any claims, losses and/or damages incurred by you that are not caused by our conduct or our Products or relate to something independent of us after the Product leaves our control (for example, as a result of your combining a Product to materials/software not supplied by us or our representatives or modifying a Product without our approval), or where you use a Product other than in accordance with our instructions or the provisions of these Terms.
15.4 We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose then, to the extent permitted by law, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16. HOW WE MAY HANDLE YOUR PERSONAL INFORMATION
16.1 We will collect, use and disclose your personal information in accordance with our Privacy Notice.
17. OTHER IMPORTANT TERMS

17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract (unless we have agreed that you may under clause 17.2). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms of use are governed by and interpreted in accordance with the laws of New South Wales, and the courts of New South Wales will have exclusive jurisdiction in respect of any dispute which may arise.
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