Terms & Conditions

1) GENERAL

1.1    Gyrofish is a company that offers a range of products available for purchase via the online store.
1.2    Access to and use of the site, which includes ordering products via the online store, is governed by the terms and conditions listed here.

2) COMPLIANCE

2.1     You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the site. You agree to comply with the terms of use. You can view the Site Terms of Use here.
2.2     You agree to comply with all relevant laws relating to your use of the site and your placement of any order through the site.

3) PLACING AN ORDER FOR PRODUCTS

3.1     You may order product by selecting and submitting your order through the site in accordance with these terms and conditions.
3.2     Any order placed through this site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
3.3     We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site.
3.4     You agree to provide us with current, complete and accurate details when asked to do so by the site.

4) ACCEPTANCE OR REJECTION OF AN ORDER

4.1     In certain circumstances, we may need to reject your order. This may happen where the requested product is not available or if there is an error in the price or the product description posted on the site.
4.2     Each order placed for products through the site which we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will:
(a) supply the products in that order to you in accordance with these terms and conditions; and
(b) provide you with an email confirmation of that order.
4.3     If we reject an order placed through the site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

5) BACK ORDERS

5.1     Gyrofish holds all products we stock in our Sydney based warehouse. If we determine that we do not have a particular product in your order in stock, then we will use reasonable endeavours for 30 days to order the relevant product (“Back Ordered Products”). In this instance, we will notify you of the relevant Back Ordered products and the anticipated delivery date.

6) DELIVERY OF PRODUCTS

6.1     We will only deliver products ordered through the site to a location where we provide delivery services.
6.2     You may obtain further information about our delivery timeframes by using the TNT Transit Times Calculator (Collection suburb: Caringbah NSW 2229)
6.3     You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the site.
6.4     Goods will be delivered to the address specified in the order, as placed by you. It is your responsibility to ensure that the address details are correct. Failure to do so will result in your good being delivered to an incorrect address, for which Gyrofish takes no responsibility for.
6.5    If there is no one or no appropriate person at the Delivery Address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then the courier may not deliver the product you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery.
6.6    You acknowledge and agree that any person at the Delivery Address who receives the product is authorised by you to receive your order.
6.7    Payment is required in full before your order can be delivered to you.
6.8    Gyrofish offers postage via TNT Overnight Express / Australia Post as its standard delivery option.  We reserve the right to change the shipping carrier, depending on stock availability, delivery location and total weight of order. In the event that there is no one available to sign for the goods at the destination, the package may either be returned to the nearest Aust Post outlet, or courier depot. Under this scenario, an attempted delivery card will be left at the premesis. It is then the responsibility of the customer to follow the instructions on the attempted delivery card to arrange re-delivery or pick up the goods from the Post Office / Depot. If the consignment is returned to us, we reserve the right to charge a re-delivery fee at our discretion.
6.9    Gyrofish also offers a 'Same Day' delivery service to Sydney customers as an option during checkout.
6.10    For orders, delivery usually takes 1-2 business days after the item has been despatched, however we cannot guarantee this time frame. 'Express Overnight' is the service we use via TNT. The majority of orders are delivered within 1 business day (Next Day). Orders must be placed prior to 2PM in order to qualify for Next Day delivery.

7) RISK AND TITLE

7.1     Risk and title to the product passes to you on the date and time of delivery to the Delivery Address.

8) CANCELING AN ORDER

8.1     We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the products in that order are not available; or
(b) there is an error in the price or the product description posted on the site for the products in that order; or
(c) that we reasonably believe your order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
8.2     You may cancel an order (whether it is accepted by us or not) by contacting Gyrofish during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may only return the relevant product in accordance with these terms and conditions.

9) FEES AND CHARGES

9.1     We will charge you, and you agree to pay, the purchase price of each product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
9.2     All fees and charges identified in these terms and conditions and all prices for the product include GST where applicable.
9.3     The purchase price of each product is shown on the products list on the site at the time you place your order. The purchase price of a product on the site may not be the same or correspond to the prices in any rival stores for the same product and we are not obliged to match any prices.
9.4     Prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the products in that order.
9.5     If you cancel an order then:
(a) subject to (b), we will refund any amounts paid by you for that cancelled order;
(b) we will not refund the Delivery Fees where the products in your cancelled order have been dispatched for delivery.

10) PAYMENT METHODS

10.1     You may pay the fees and charges for an accepted order using the following payment methods:
(a) Credit Card - Visa, MasterCard, Amex
(b) PayPal
10.2     If we are unable to successfully process your credit card or PayPal payment for your order that is accepted by us, then we may cancel your order.
10.3    If you choose to pay by credit card or PayPal, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card or PayPal account.
10.4     You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
10.5     We will provide you with a receipt at time of delivery which specifies the total fees and charges for the products in the order.

11) DAMAGED PRODUCTS, RETURNS AND WARRANTY

11.1     You must check any products delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that product and notify us on shop@gyrofish.com.au. If you notice damage to a product after delivery, or if it has been incorrectly shipped, you should notify us as soon as possibly. If so, you may return the product to us within 14 days of receipt, in accordance with this clause.
11.2     Our Returns Policy is incorporated into these terms and conditions.  You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.
11.3     For change of mind purchases, items must be returned to us within 100 days from date of purchase. Items must be in brand new unused/unopened condition in order to qualify for an exchange/refund.
11.4     We will not refund the Delivery Fee where the products have been delivered to you, unless you are returning the product because it was damaged.
11.5    If your purchase is damaged in transit we will send you a "no charge" replacement, freight free. You will need to return the damaged product (or fragments which demonstrate reasonable evidence of breakage) to us for assessment.
11.6    If you return a product because it was defective on arrival but we find that the product is in full working condition or any defects or damage were caused after you took receipt of the , it will be returned to you. You will be invoiced a processing fee and any freight costs associated with the return. These invoiced amounts will be payable within 14 days of receipt of invoice.
11.7    If the product is defective or incorrectly shipped (different to the one you ordered), upon receipt of the returned , we will offer you to select either a replacement  or a refund by applying a credit against the payment method used for the original purchase issued for the original purchase price of the product and associated freight cost.
11.8    A copy of the purchase invoice must be included with the returned product(s).
11.9    You are responsible for all costs associated with return of the product to us and we will not pay or reimburse any associated costs, unless of course the item is faulty or damaged in transit, in which case we will cover the associated return postage costs provided that the freight is returned via the transport method as instructed by Gyrofish during the returns process. We recommend that products returned by post be sent by registered post or via trackable courier. We accept no responsibility for loss or damage occurring in transit. If a product is not returned to us in the original unopened packaging, it may be returned to you at your cost.
11.10    Method of refund will be in the same format as payment was made.
11.11    Products are covered by their respective manufacturers warranty. Please refer to the respective product manufacturers website.  The customer is responsible for all transport costs associated with the return, processing and repair/replacement of defective products. End-user damage is not covered under these warranty terms.

12) TERMINATION

12.1     We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied; or
(b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
12.2     We may stop making the site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.

13) CHANGES TO THESE TERMS AND CONDITIONS

13.1     For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
13.2     We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.

14) PRIVACY POLICY

Byte Sparks Pty Ltd (Trading as Gyrofish) is committed to the new Australian privacy legislation in the way it collects, uses, secures and discloses personal information. The Commonwealth Privacy Act 1988 requires companies to comply with the National Privacy Principles (NPPs). This document describes the Privacy Policy for Gyrofish.


The Information We Collect

We lawfully collect personal information that is necessary for our business to function. The information we collect and hold will depend upon the products and services you request from us and may include:

  • Information you provide us when you purchase goods or services including your name, address and contact details.
  • Information derived from communications between us and you including your name, address and contact details.


The use of the facilities and services available through our website will determine the amount and type of information we collect. The only personal information we collect when you use our website is what you tell us about yourself, for example, by completing an online form when you request product information, or when you send us email we will record your mail address.

How we use your information

We use the information we collect for the purpose disclosed at the time of collection or otherwise as set out in this Privacy Statement. We will not use your personal information for any other purpose without first seeking your consent, unless authorised or required by law. Generally we will only use and disclose your personal information:

  • To establish and maintain your relationship as a customer of Gyrofish.
  • To provide the products and services you have requested from Gyrofish.
  • To administer and manage those products and services.
  • To answer your enquiry.
  • For direct marketing by email, specials on product or services you have shown interest in.
  • If you at any time receive any communication from Gyrofish which you would not like to receive, please contact us and we will remove your name from our mailing list.


Access to your personal information

In most cases, you can gain access to the personal information that Gyrofish holds about you, subject to some exceptions allowed by law. If you would like to check or amend your contact details, please contact us. We will deal with all requests for access to personal information as quickly as possible.


Security

We take our customer's security seriously, and are constantly reviewing our systems and processes in order to protect the privacy of our customers. We utilise any measures available to us in order to keep secure any personal information which we hold and to keep this information accurate and up to date. Personal information is stored in a secure server or secure files. The Internet is not always a secure method of transmitting information. Accordingly, Gyrofish cannot accept responsibility for the security of information you send to, or receive from us over the Internet or for any unauthorised access or use of that information.

 

Security Capabilities and Policy for Transmission of Payment Card Details

Credit card processing is provided by eWay/BankWest Merchant Services. For credit card transactions, your information is secured by using 256 bit Secure Sockets Layer (SSL) technology, which encrypts the information you input.

Gyrofish does not store any credit card information. Credit card information you input is passed directly to eWay and is stored and securely encrypted using thales devices. Your credit card details cannot be later used as the information is masked via data obfuscation. eWay is externally audited each year to ensure that they are Tier 1 PCI-DSS compliant, the highest level of compliance mandated by the major credit card schemes

Changes to this Privacy Policy

It may be necessary for us to review and revise our Privacy Policy from time to time. An amended version will be posted on our website at http://www.gyrofish.com.au. We suggest that you visit our website regularly to keep up to date with any changes.

Contact Us

If you would like any further information, or have any queries, problems or complaints in relation to this Privacy Policy or our information handling practices in general, please contact us at: shop@gyrofish.com.au

17) DEFINITIONS

In these terms:
Contact Hours means 9am to 5pm Monday to Friday (Sydney time).
Delivery Address means the address specified by you during the customer registration process for the delivery of products that we will supply to you under these terms and conditions.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).
Product means each good or service that is advertised on the site.