Terms of service
Welcome to 1224.com.au – Dependable Power Solutions, a trading brand of Cell Revival Pty Ltd (ABN 61 085 247 749).
The terms “we”, “us” and “our” refer to 1224.com.au – Dependable Power Solutions. We operate this website and online store, including the information, content, features, tools, products and services made available through it (the “Services”). Shopify provides the ecommerce platform that enables us to operate our online store.
These Terms of Service (“Terms”), together with the policies referred to in them, set out the rights and responsibilities that apply when you access or use our Services or purchase products from us.
Please read these Terms carefully. By accessing or using our Services or placing an order with us, you agree to these Terms and our applicable policies.
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.
Section 1 – Access and Account
By using the Services, you confirm that you are at least the age of majority in your state or territory of residence, or that you have provided appropriate consent for a minor dependent to use the Services on a device you own or manage.
To use certain features of the Services or purchase products, you may need to provide information including your email address and billing, payment and shipping details.
You agree that information you provide will be current, complete and accurate and that you are authorised to provide it.
You are responsible for maintaining the security of your account credentials and for activity undertaken through your account. You may not sell, transfer, assign or license your account to another person.
Section 2 – Our Products
We take reasonable care to represent and describe our products accurately. However, colours and product appearance may vary slightly depending on your screen, device and display settings.
Product specifications, descriptions, availability and ranges may change from time to time. We may discontinue products or limit quantities where reasonably necessary.
Customers should review product specifications, voltage, capacity, dimensions, compatibility and other relevant information before purchasing.
If you are unsure whether a product is suitable for your intended application, please contact us before ordering and we will assist where reasonably possible.
Nothing in this section limits any rights you may have where a product does not match its description or otherwise fails to meet a consumer guarantee under the Australian Consumer Law.
Section 3 – Orders
Placing an order means you are making an offer to purchase. 1224.com.au may accept or decline an order where reasonably necessary, including due to product availability, pricing or listing errors, suspected fraud, payment issues, delivery restrictions or other circumstances that prevent us from fulfilling the order.
Your order is not accepted until 1224.com.au confirms acceptance and your payment has been successfully processed.
Please review your order carefully before submitting it. Once an order has been accepted and entered processing, we may be unable to accommodate cancellation or amendment requests.
If we cannot accept or fulfil an order, we will contact you using the contact information provided with your order.
Returns, refunds and exchanges are handled in accordance with our Refund Policy and your rights under the Australian Consumer Law.
Our products are available for personal, commercial and industrial applications. Customers should review the product specifications and compatibility information provided before purchasing to ensure the product is appropriate for their intended application.
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.
Section 4 – Prices and Billing
All prices displayed on 1224.com.au are in Australian dollars (AUD) and include GST where applicable.
Prices, discounts and promotions may change without notice. The price charged for a product will be the price displayed when you place your order, subject to any applicable promotion or discount.
Standard shipping is free Australia-wide on all orders. We do not charge standard shipping or handling fees. The total amount payable for your order will be displayed at checkout before payment is completed.
From time to time, we may offer promotions or discounts that are subject to additional terms and conditions. If specific promotional terms conflict with these Terms, the terms of that promotion will apply to that promotion.
You agree to provide current, complete and accurate purchase, payment and account information for purchases made through 1224.com.au and to update that information where reasonably necessary for us to complete your transaction or contact you.
You confirm that you are authorised to use the payment method selected and agree to pay the total amount displayed at checkout.
Section 5 – Shipping and Delivery
1224.com.au provides free standard shipping Australia-wide on all orders.
Orders are processed and delivered in accordance with our Shipping Policy. Any delivery timeframes provided on our website, at checkout or in order communications are estimates and may be affected by carrier delays, weather, public holidays, remote delivery locations or other circumstances outside our reasonable control.
We will take reasonable steps to dispatch orders within the timeframes stated on our website and will provide available tracking information once an order has been dispatched.
If your order is delayed, lost or damaged in transit, please contact us so we can investigate the issue with the carrier and assist you with an appropriate resolution.
Nothing in this section limits or excludes any rights or remedies you may have under the Australian Consumer Law.
For further information about delivery areas, order processing, dispatch and estimated delivery timeframes, please refer to our Shipping Policy.
Section 6 – Intellectual Property
The Services, including our trademarks, branding, text, graphics, images, videos, audio, website design and other content owned by us, are protected by applicable Australian and international intellectual property laws.
These Terms permit you to access and use the Services for lawful purposes associated with browsing, evaluating and purchasing our products.
Unless permitted by law or with our prior written consent, you may not reproduce, distribute, modify, republish, commercially exploit or create derivative works from material owned by 1224.com.au.
Nothing in these Terms grants you ownership of, or a licence to use, trademarks, copyright or other intellectual property belonging to 1224.com.au, Shopify or any third party except as expressly permitted.
Names, logos, product names, designs and trademarks belonging to third-party manufacturers or suppliers remain the property of their respective owners.
Section 7 – Optional Tools
The Services may provide access to tools or functionality supplied by third parties.
We may not control or monitor those third-party tools. Your use of them may also be subject to the terms and policies of the relevant third-party provider.
Where third-party tools are provided through the Services, you should review the applicable provider’s terms and policies before using them.
We may introduce additional features, tools or resources through the Services from time to time. Unless otherwise stated, these will form part of the Services and be subject to these Terms.
Nothing in this section excludes any rights or remedies that cannot lawfully be excluded.
Section 8 – Third-Party Links
The Services may contain links to third-party websites, services or resources.
We do not control third-party websites and are not responsible for their content, availability, accuracy, privacy practices or terms.
If you access a third-party website, you should review its applicable terms and policies before entering into a transaction or providing personal information.
Questions, complaints or claims concerning products or services purchased directly from a third party should generally be directed to that third party.
Nothing in this section limits any rights you may have against 1224.com.au that cannot lawfully be excluded.
Section 9 – Relationship with Shopify
Shopify provides the ecommerce platform used to operate 1224.com.au.
However, products purchased directly through the 1224.com.au online store are sold by:
1224.com.au – Dependable Power Solutions
A trading brand of Cell Revival Pty Ltd (ABN 61 085 247 749).
Shopify is not the seller of products purchased directly from 1224.com.au.
Your purchase contract is with 1224.com.au – Dependable Power Solutions, a trading brand of Cell Revival Pty Ltd, except where clearly stated otherwise.
Section 10 – Privacy Policy
Personal information collected through the Services is handled in accordance with our Privacy Policy and applicable privacy laws.
Because Shopify hosts the ecommerce platform used by 1224.com.au, certain personal information may also be processed by Shopify and other service providers that assist us in operating the Services.
Information may be processed or stored in locations outside Australia where permitted by applicable law.
Please review our Privacy Policy for further information about how personal information is collected, used, disclosed and protected.
Section 11 – Feedback
If you submit feedback, reviews, suggestions, photographs or other content to us (“Feedback”), you confirm that you have the necessary rights to provide that content and that it does not unlawfully infringe the rights of another person.
Unless otherwise agreed, you grant 1224.com.au a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish and display Feedback for purposes reasonably connected with operating, promoting and improving our business and Services.
You remain responsible for the accuracy and legality of Feedback you submit.
We may moderate or remove Feedback where reasonably necessary, including content that is unlawful, misleading, abusive, defamatory, obscene, infringes intellectual property rights or otherwise breaches these Terms.
Any incentives provided in connection with reviews or Feedback must be disclosed where required by law.
Section 12 – Errors, Inaccuracies and Omissions
Despite our efforts to maintain accurate information, the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, specifications, pricing, promotions, availability, shipping information or other content.
We may correct genuine errors or inaccuracies and update information where reasonably necessary.
If an error affects an order you have already placed, we will contact you where appropriate and explain the available options.
Nothing in this section limits any rights or remedies you may have under the Australian Consumer Law, including where a product does not match its description.
Section 13 – Prohibited Uses
You may access and use the Services only for lawful purposes.
You must not use the Services to:
· engage in unlawful, fraudulent or malicious activity;
· violate applicable laws or regulations;
· infringe our intellectual property rights or the rights of another person;
· harass, abuse, threaten, defame or unlawfully discriminate against another person;
· knowingly transmit false or misleading information;
· transmit viruses, malicious code or other harmful material;
· send spam or unauthorised promotional communications;
· impersonate another person or entity;
· collect or misuse another person’s personal information unlawfully;
· interfere with the security or proper operation of the Services;
· bypass or circumvent security measures; or
· reproduce, scrape, extract, resell or commercially exploit substantial portions of the Services without permission where such activity is not otherwise permitted by law.
We may take reasonable steps to restrict access to the Services where we reasonably believe these Terms have been breached or the security or operation of the Services is threatened.
Section 14 – Automated Systems and Agents
14.1 This section ("Agent Terms") applies if you use, allow, enable or cause an Agent to access, use or interact with any Services. "Agent" means any software or service taking autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, which can be executed on behalf of or using a person's device, without direct supervision.
14.2 No Agent may access, use or interact with Services unless it identifies itself at all times and operates strictly following section 14.4 requirements. Also, no Agent may access, use or interact with Services if we have asked it to refrain.
14.3 We can limit, through technical measures included, whether and how any Agent accesses, uses and interacts with Services.
14.4 Agents must:
- Identify in all HTTP/HTTPS requests that the request comes from an Agent by including Agent/[agent name] in the user agent string.
- Not hide or obscure that interactions come from an Agent, like mimicking human behaviour or bypassing CAPTCHAs.
- Respond truthfully to questions seeking to determine if interactions come from a human or computer.
- Not bypass any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.
Section 15 – Suspension and Termination
We may suspend or terminate access to the Services where reasonably necessary, including where a user breaches these Terms, engages in unlawful or fraudulent activity, threatens the security or operation of the Services or misuses our systems.
Termination or suspension does not affect rights or obligations that arose before termination.
Provisions that by their nature should continue after termination, including intellectual property, liability, privacy and governing-law provisions, will continue to apply.
Section 16 – Consumer Guarantees and Warranties
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available under the Australian Consumer Law or any other law where doing so would be unlawful.
Where the Australian Consumer Law applies, products must satisfy the applicable consumer guarantees, which may include requirements relating to acceptable quality, fitness for a disclosed purpose, matching descriptions and other statutory guarantees.
Manufacturer warranties and any additional warranties offered by 1224.com.au operate in addition to, and do not replace or limit, rights available under the Australian Consumer Law.
Information provided through the Services is intended to assist customers in selecting and using products. Customers should consider the specifications and compatibility requirements relevant to their intended application and contact us if assistance is required before purchase.
Except for rights, guarantees, warranties or remedies that cannot lawfully be excluded, we do not make additional warranties beyond those expressly stated in these Terms, on the relevant product page or in an applicable written warranty.
Section 17 – Limitation of Liability
Nothing in these Terms excludes, restricts or modifies any liability, right, guarantee or remedy where doing so would be unlawful, including under the Australian Consumer Law.
To the extent permitted by law, 1224.com.au is not liable for losses that are not reasonably foreseeable or that arise from circumstances outside our reasonable control, except where liability cannot lawfully be excluded or limited.
Nothing in this section limits any right a consumer may have to compensation for reasonably foreseeable loss or damage resulting from a failure to comply with an applicable consumer guarantee.
Where a limitation of liability is permitted by law, it applies only to the extent that the limitation is lawful and reasonable in the circumstances.
Section 18 – Indemnification
You agree to indemnify, defend and hold harmless 1224.com.au, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, reasonable attorneys' fees included, payable to any third party due to or arising out of: (1) your breach of these Terms of Service or documents they incorporate; (2) your violation of any law or third-party rights; or (3) your access to and use of the Services. We will notify you of any indemnifiable claim; failure to promptly notify will not relieve you of obligations unless you are materially prejudiced. We may control defence and settlement at your expense, but will not settle any claim requiring non-monetary obligations from you without consent. You will cooperate in defence of indemnified claims, providing relevant documents included.
Section 19 – Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law or, where necessary, severed from these Terms.
The remaining provisions will continue to apply.
Section 20 – Waiver and Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules we post on this site or regarding the Service constitute the entire agreement and understanding between you and us.
They govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, oral or written, between you and us, including prior versions of the Terms of Service. Ambiguities in interpreting these Terms will not be construed against the drafting party.
Section 21 – Assignment
You cannot delegate, transfer or assign this Agreement or any rights or obligations under these Terms without our prior written consent; any attempt will be null and void. We can transfer, assign, or delegate these Terms, along with our rights and obligations, without your consent or notice.
Section 22 – Governing Law
These Terms of Service and any separate agreements under which we provide you with Services are governed by and construed in accordance with the laws of Victoria, Australia. You and 1224.com.au consent to the exclusive jurisdiction of the courts of Victoria, Australia.
Section 23 – Headings
Headings in this agreement are for convenience only; they will not limit or otherwise affect these Terms.
Section 24 – Changes to Terms of Service
The most current version of these Terms of Service will be available on this page.
We may update these Terms from time to time to reflect changes to our Services, business operations, policies or legal obligations.
Where required by law, we will provide appropriate notice of material changes.
Changes will apply from the effective date stated or, where no date is stated, from the date the updated Terms are published. Changes will not retrospectively remove rights that have already arisen under an existing transaction where doing so would be unlawful.
These Terms operate subject to the Australian Consumer Law.
For further information about consumer rights, visit the Australian Competition and Consumer Commission (ACCC) website.
These terms operate according to the Australian Consumer Law. For more information, visit the ACCC website.
Section 25 – Contact Information
Questions about the Terms of Service should be sent to:
1224.com.au – Dependable Power Solutions
A trading brand of Cell Revival Pty Ltd (ABN 61 085 247 749)
1/1488 Sydney Road, Campbellfield VIC 3061, Australia
(Administrative offices only, not open to the public)
Postal Address:
1224.com.au – Dependable Power Solutions
PO Box 185
Campbellfield VIC 3061
Australia
Email: sales@1224.com.au
Phone: +61 490 807 728
Business Hours: Monday to Friday, 8am to 5pm AEST
For sales enquiries, technical support, warranty claims or general product enquiries, contact us using the details above. A member of our team will respond as soon as possible.
1224.com.au – Dependable Power Solutions, a trading brand of Cell Revival Pty Ltd (ABN 61 085 247 749), is an Australian-owned online retailer supplying power, battery and electrical products throughout Australia.