Get free shipping within Australia on any order over $1000.
Home > Other information > Terms and conditions

Terms and conditions

This agreement is current as of 10 August 2015. Yawarra reserves any rights not expressly granted in this agreement.

1 Introduction

This agreement is a contract between you and Yawarra Information Appliances Pty Ltd ABN 56 508 561 638 trading as Yawarra Tiny Computers (“Yawarra”). It sets out the terms and conditions under which you may purchase products from Yawarra and use the website at www.yawarra.com.au. Please read the following terms and conditions carefully before placing your order with Yawarra. By using the Yawarra website or purchasing goods from Yawarra, you agree to be bound by the terms and conditions of this agreement.

1.1 Interpretation

In these conditions:
“agreement” means an agreement between you and Yawarra to supply goods. The agreement consists of the order and these conditions.
“conditions” means these conditions and any agreed written variations.
“delivery address” means the address to which the goods are to be delivered as stated on the order.
“goods” means goods described in an order and includes packaging.
“intellectual property rights” includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
“order” means an order by you to purchase goods from Yawarra.
“product list” means the list of goods displayed on the Yawarra Internet site as amended from time to time.
“we”, “us” or “our” means the entity Yawarra Information Appliances Pty Ltd.
“website” means the domains www.yawarra.com.au, www.yawarra.com, www.yawarra.net.au, www.yawarra.net and www.informationappliances.com.au
“you” or “your” means you as a customer of Yawarra Information Appliances Pty Ltd.

1.2 The agreement

What is the agreement?
The entire agreement between you and Yawarra for the purchase of goods by you from Yawarra is:

  1. these conditions; and
  2. the terms of the order.

When the agreement is formed
An agreement exists between you and Yawarra once:

  1. Yawarra accepts an order; or
  2. Yawarra receives the order and does not reject it within fourteen days.

Each order is a separate agreement.

1.3 Termination

Yawarra may terminate or suspend this agreement at any time by delivering notice. Termination of this agreement shall be effective the day notice is received or such later date as specified in the notice.

1.4 Notices

Yawarra may give notice to you by electronic mail or notice posting on the Yawarra website. You may give notice to Yawarra in writing by electronic mail to enquiries@yawarra.com.au or by fax or mail.

1.5 Provisions are severable

Each provision of this agreement (including these conditions) is severable. Severance does not affect any other provisions.

1.6 Victorian law applies

The laws of the State of Victoria, Australia, govern this agreement.

1.7 Priority of this agreement

Where any dispute arises from differences between interpretation of this agreement and of other information contained on the website, you agree that the terms of this agreement will prevail.

2 Website

2.1 Acceptable usage

Yawarra grants you a limited licence to access and make use of this website for business and personal use. Any unauthorised use of this website terminates the licence granted.

You are permitted to create a hyperlink to the homepage of the website, provided that the link does not portray Yawarra or its products in a false, misleading, derogatory or otherwise offensive manner. You may not use the Yawarra logo or any other copyrighted image as part of that link without express written permission.

You agree not to:

  • download or modify any portion of this website, unless explicitly allowed on the website or with express written consent from Yawarra
  • monitor or copy the website content or data for non-personal or commercial purposes
  • perform any action that places an excessive load on the website, or otherwise interferes with its ability to function. Yawarra reserves the right to determine what constitutes an ‘excessive load’ at its sole discretion
  • use the website to upload, post, e-mail or otherwise transmit any Content that:
    • is unlawful or objectionable
    • infringes any copyright, trademark or other rights
    • is unsolicited or unauthorised advertising
    • contains software viruses or any other code, files or programs designed to impair any computer software or hardware
  • use the website to:
    • impersonate anyone, including employees of Yawarra
    • defraud anyone, including Yawarra and its customers
  • modify, copy, distribute, transmit, or sell any information, products or services obtained from this website

2.2 Disclaimer

Yawarra makes no warranty that:

  • the website will meet your requirements
  • the website will be uninterrupted, timely, secure, or error-free
  • the results that may be obtained from the use of the website will be accurate or reliable
  • the quality of any products, services, information or other material obtained by you through the website will meet your requirements or expectations

Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any material. You agree not to hold Yawarra liable for any direct, indirect, special, incidental or consequential damages resulting from the use of this website.

2.3 Content

Yawarra has made every effort to ensure that the information presented in this website is free from errors or omissions and is suitable for your intended use. However, Yawarra does not warrant the accuracy, adequacy, reliability or completeness of any content on this website, and assumes no liability for misprints, human errors, and omissions in the website content. We reserve the right to make changes and corrections in all information, including prices, our product list, offers and specifications, without notice.

Yawarra reserves the right at any time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that Yawarra shall not be liable to you or any third party for any modification, suspension or discontinuance of the website.

Images displayed on this web site should be regarded as illustrative and for informational purpose only. The actual products may not be identical to the images. Hyperlinks (URLs) provided throughout our product pages should only be used as references. The products we carry are not necessarily identical to the contents contained in the links. If you are unsure, you should contact us before placing your order.

2.4 Third-party sites

Yawarra does not review or control third-party websites linked to or from this website, and is not responsible or liable, directly or indirectly for the content, including software downloads, of any such websites. The inclusion of any link to a third-party website does not imply endorsement or approval of the site and Yawarra makes no warranties or representations as to the accuracy, quality or legality of the content of the third-party websites.

3 Liability

You acknowledge that the Yawarra website is provided “AS IS” and that Yawarra is not making and has not made any warranty or representation as to the website’s suitability for any particular purpose. You agree that in using Yawarra’s website, you are not relying on any statement or representation made by Yawarra which is not expressly contained in this agreement.

You agree that any liability of Yawarra arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to you through use of Yawarra’s website (other than a condition or warranty implied by legislation which does not permit Yawarra’s liability to be limited) will, at the election of Yawarra be limited to:

  1. the replacement of the goods;
  2. the supply of equivalent goods; or
  3. the payment of the cost of having the goods supplied again or repaired

You agree that the entire risk arising out of installation, downloading, use or performance of any software remains with you. To the extent permitted by law, you release and discharge Yawarra from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this agreement) arising out of or in connection with Yawarra or this agreement, including, without limitation, loss or damage caused by the negligence of Yawarra.

4 Shopping

4.1 Placing orders

Orders are placed using our online store by selecting goods, entering your details and pressing the “Place order” button on the order page. Orders will be deemed to have been received by Yawarra at the time of successful transmission of the order.

You can also contact us by phone, fax or email to place your order. Your order will be deemed to have been received by Yawarra at the time of receipt of your email or fax, or at the close of a telephone conversation during which an order was placed.

You can place orders online, by fax or email at any time, however, we only accept phone orders and only process and ship orders during our normal business hours, which are 9:00AM to 5:00PM, Monday to Friday, excluding Victorian & Melbourne Public Holidays.

All orders placed are subject to confirmation and acceptance by Yawarra, whether or not payment has already been made. Terms of payment are within Yawarra’s sole discretion and unless explicitly agreed to by Yawarra in writing, all orders must be paid for in full before any goods will be shipped. We do not offer credit terms, except where no other payment method is possible, subject to approval. You are responsible for sales and all other taxes associated with your order.

If, for any reason Yawarra is unable to fill your order as placed, you will be notified, and given the opportunity to amend or cancel your order. Any overpayment that results from adjustment or cancellation of your order will be refunded in full.

4.2 Cancelling orders

If you wish to cancel your order, you agree to do so as soon as possible after placement. Cancellation must be in writing, by email or fax. A cancellation fee of 10% applies to all orders once payment has been made, to cover labour and administrative costs. Orders may not be cancelled once they have been dispatched.

Yawarra reserves the right to refuse or cancel orders, without notice, whether or not the order has been confirmed and payment made. If payment has been made and your order is cancelled we will notify you and refund your payment in full.

Any order that we believe has been tampered with or is fraudulent in any way will not be honoured.

4.3 Pricing

All prices quoted on our website include GST.

Yawarra reserves the right to withdraw any product we advertise and change prices and offers without notice, due to manufacturer price changes, errors in publication, product discontinuation, changing market conditions and other circumstances that affect product availability and price stability.

Yawarra may vary prices for received orders in the event of price changes. In the event of a price increase, you will be notified before your order is processed and given an opportunity to amend or cancel your order by giving notice by phone, fax or email to Yawarra. In the event of a price decrease, you will be refunded the price difference in full.

4.4 Payment

You can pay for your order by direct deposit, cheque, money order or credit card. As soon as your payment is received and the funds are cleared, we will ship your order. It is your responsibility to ensure that we have received payment for your order in full.

To pay by direct deposit, you will need to transfer the specified amount in Australian Dollars directly into our bank account using the details provided. To ensure that we can correctly match your payment to your order, you should include your order number as a reference with your payment. We also require that you send us notification and details of your payment by email or fax. We are not liable for direct deposit payments that, for any reason, do not arrive in our account. You should allow overnight for clearance of direct deposits.

To pay by cheque or money order, you will need to make your cheque or money order payable to ‘Yawarra Information Appliances Pty Ltd’ and mail it to us at PO Box 606, Boronia VIC 3155. You should include a copy of your ‘Internet order’ to enable us to correctly match your payment to your order. We are not liable for cheque payments that, for any reason, do not reach us. You should allow at least four days for receipt and clearance of your cheque or money order payment.

To pay by credit card, you will need to enter your credit card details on the checkout page, which will secure your details with 256-bit encryption and transmit them to us for processing your payment. Your card will be charged when your order is ready to be shipped. You can pay for your order with Visa, Mastercard, American Express or Diners. We are not liable for credit payments that, for any reason, are unsuccessful.

Orders not paid for within seven days of placement may be cancelled, at our discretion. We will notify you before cancelling your order.

4.5 Credit accounts

Yawarra does not ordinarily offer credit accounts , and makes no warranty that one will be offered to you on request. Credit accounts are only issued to customers in exceptional circumstances.

By applying for a credit account with Yawarra, you agree to the following terms:

  1. Trading terms are strictly 14 or 30 days from date of invoice, depending on your account terms. This means that all invoices must be paid in full by either 14 or 30 days from the invoice date. Any invoices not paid in full by this date will be deemed to be overdue.
  2. All invoices issued on account are subject to a credit surcharge, based on your credit term, as specified in your credit application.
  3. Only faxed or emailed purchase orders, from your nominated purchasing officer, will be accepted for credit purchases.
  4. Accounts can be paid by direct deposit, cheque, money order or credit card.
  5. The title of the goods supplied does not pass to you from us until all amounts are paid in full. We reserve the right to collect the goods if, for any reason, full payment is in question or doubt.
  6. If payment is not made within the agreed credit terms, delivery of all goods will be withheld until all overdue amounts have been paid in full, and your credit account will be suspended until further notice.
  7. You are liable for all expenses incurred as a result of being in default on any and all overdue amounts, including legal, administrative and debt collection costs.
  8. We reserve the right to revoke your credit account at any time for any reason. You will be notified in writing in the event that your account is revoked.
  9. All goods are sold subject to our general Terms and Conditions, which are outlined in the other sections of this document.

4.6 Title of goods

The title of the goods supplied does not pass to you from Yawarra until the amount is paid in full and the goods are delivered to you. We reserve the right to collect the goods if, for any reason, full payment is in question or doubt. Yawarra owns the title of any extra goods shipped with your order that have been dispatched in error.

4.7 Shipping

We deliver goods to anywhere in Australia or overseas. Our current rates and charges are listed on the website for orders placed via the website. Shipping costs for orders over $3000 placed by phone, fax or email, for non-standard shipping methods or for international orders will be determined when your order is placed. We do not ship to PO Boxes or Parcel Lockers for orders paid by credit card, unless explicitly approved by Yawarra in advance.

Your order will be shipped as soon as payment is received and the funds are cleared. We require a physical delivery address for your order. You should ensure that someone is present at the delivery address during business hours. You will be held responsible for any redelivery costs if the delivery address is unattended at the time of delivery. You are also responsible for paying any costs associated with refused shipments or unclaimed goods.

We will make every reasonable effort to ensure that your goods are delivered promptly. We currently ship our goods using Express Post, from Australia Post, for orders up to $3000 in value. Delivery is overnight if you are within the Express Post national or state networks (see auspost.com.au for details). You should allow up to three days for delivery in other areas.

For high-value orders, at our discretion, we ship our goods using TNT Road Express or another courier of our choice. Delivery is usually same day or overnight for Melbourne Metro, 1-2 days within Victoria, 1-3 days to other major metropolitan areas and up to a week in other regional areas.

Yawarra is not liable for the consequences of a delay in delivery or a lost shipment. Loss or damage to goods that occurs during shipping by a carrier selected by Yawarra is our responsibility. Loss or damage to goods that occurs during shipping by a carrier selected by you is your responsibility.

4.8 Refunds & returns

You must notify us by phone, email or fax within 24 hours of delivery if there is a problem with your order.

If your delivery appears to have been damaged in transit you should refuse to accept the delivery, direct the courier to ‘return to sender’ and notify us immediately. If items are missing from your order, we will dispatch them immediately, at no extra cost to you. If your goods are faulty or incorrect when delivered, we will do one of the following, at our discretion:

  1. replace the faulty or incorrect item(s) with the same or equivalent item(s)
  2. repair the faulty item(s) at no cost to you
  3. refund your money

All faulty or incorrect items must be returned to us before a refund or a replacement can be issued.

Do not return any goods without first contacting us to discuss the problem and to obtain a return authorisation number. Return authorisations will only be issued where Yawarra believes the goods to be genuinely faulty or incorrect from the descriptions provided by you. Returned goods will not be accepted without a completed and signed ‘Return of goods’ form that includes your return authorisation number. You can download and print this form from our website. Your return authorisation ensures that we will accept your goods on return, provided all other conditions are met, and does not guarantee repair, replacement or credit on the goods returned.

You are responsible for the cost of returning any goods to us. Goods sent COD will not be accepted. When returning goods, you should ensure that they are adequately packaged to reduce the risk of being damaged in transit. Items that are insufficiently or incorrectly packaged will not be accepted for refund or return. Yawarra is not liable for any goods that are lost or damaged in transit to us.

We do not offer refunds or returns for incorrect choice or if you change your mind. You should choose your goods carefully and contact us before ordering if you have any queries. We make no guarantee as to the suitability of our products for your purposes or compatibility with other equipment and systems. If we decide, at our discretion, to accept your goods for return, a restocking fee of 10% will apply, to cover labour and administrative costs.

4.9 Warranty

All goods sold by Yawarra come with a minimum 12-month back-to-base warranty, from the date of delivery, covering hardware failure and including the cost of parts and labour. Back-to-base means that you will need to cover the cost of returning the goods to us for warranty service.

Do not return any goods without first contacting us to discuss the problem and to obtain a return authorisation number. Return authorisations will only be issued where Yawarra believes the goods to be genuinely faulty from the descriptions provided by you. Returned goods will not be accepted without a completed and signed ‘Return of goods’ form that includes your return authorisation number. You can download and print this form from our website. Your return authorisation ensures that we will accept your goods on return, provided all other conditions are met, and does not guarantee repair, replacement or credit on the goods returned.

You are responsible for the cost of returning any goods to us. Goods sent COD will not be accepted. When returning goods, you should ensure that they are adequately packaged to reduce the risk of being damaged in transit. All warranties are void on items that are insufficiently or incorrectly packaged. Yawarra is not liable for any goods that are lost or damaged in transit to us. It is your responsibility to insure goods against such eventualities.

Goods under warranty cover will be replaced or repaired, at our discretion. This warranty does not cover damage or fault due to accident, abuse, incorrect use, unauthorised repairs, or use with non-standard components. Evidence of tampering, wilful damage, misuse or unauthorised repair will void any warranty.

Yawarra is not responsible for the integrity or security of data contained on any goods returned to us. Although we will endeavour not to interfere with data on your goods during warranty service, it is your responsibility to back up any data prior to returning the goods to us.

We will do our best to resolve your warranty issue quickly. We do not make any promise as to the turnaround time of your warranty repairs. Your warranty service may include testing and repair time, as well as shipping between us and our suppliers, if required. Yawarra does not provide advance replacement goods under any circumstances and assumes no liability for any damage or consequence resulting from your goods being unavailable during warranty service. It is your responsibility to make alternative arrangements to compensate for any impact the absence of the goods being serviced may have.

We will ship your repaired or replaced goods back to you at our own cost. In the event that we elect to replace a product that has been discontinued, your goods will be replaced with an equivalent item or you will receive a credit from Yawarra to the value of the goods, at our discretion.

This warranty does not cover damage or fault due to accident, abuse, incorrect use, unauthorised repairs, or use with non-standard components.

4.10 Registered resellers and OEMs

By registering as a reseller or OEM with Yawarra, you agree to the following terms:

  1. The annual purchase quantities are approximate and do not represent a binding agreement. However, we reserve the right to review your estimates and pricing at our discretion. Any changes will be made in consultation with you.
  2. We will contact you every twelve months in order to renew your arrangement. If we do not have a valid contact name and email address for your reseller account, or you do not tell us that you want to renew, your arrangement will expire.
  3. If our retail price for a product changes, your price may be adjusted accordingly. We will notify you of any such changes. Until such time your current prices will apply.
  4. The minimum order quantity must be purchased in any single order to qualify for the high-volume pricing. Otherwise a single-order volume discount or the low-volume discount will apply, which ever is the greater discount.
  5. An order lead time may apply to orders above a certain size, as specified on your high-volume pricing list.
  6. The low-volume discount and high-volume pricing cannot be used in conjunction with any other offer.
  7. Our acceptance of your application does not constitute approval for credit terms. All orders must be prepaid.
  8. Orders can be paid for by direct deposit, cheque, money order or credit card. A surcharge may apply to any high-volume priced products purchased using a credit card.
  9. All goods are sold subject to our general Terms and Conditions, which are outlined in the other sections of this document.

5 Intellectual property rights

You acknowledge that Yawarra owns or is licensed to use all intellectual property rights in the Yawarra website (including, but not limited to, any images, photographs, programming or text which appears on the site). You agree that you will make no representation to the contrary, and that you must not use or copy the Yawarra website in any manner which is inconsistent with the rights of the owner or licensee of such intellectual property rights.

You acknowledge that any trademarks or logos which appear on the Yawarra website are owned by or licensed to Yawarra, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos. All other trademarks and registered trademarks are the sole property of their respective owners.

pfSense® is a registered trademark of Electric Sheep Fencing LLC.

6 Privacy policy

At Yawarra, we take your privacy very seriously.

6.1 Personal information

We do not collect or record personal information, unless you provide it to us explicitly during an interaction with us, via our website or by email, phone, fax or mail. Any information that you provide is treated as confidential and stored securely. It is used only for the purpose intended or stated. It will not be shared with anyone else without your knowledge or consent unless we are required by law to disclose such information. All information that we no longer need to keep is either destroyed or made permanently unidentifiable.

6.2 Logs

Visitor logs are used on this site and include your Internet (IP) address, the date and time of your visit, the pages you downloaded, and information about the browser you used. The information that we collect in this way will only be used to update and improve the content and usability of our website.

6.3 Cookies

When you use our website, our system will automatically set a “cookie”. A cookie is a small amount of data that may be saved on your computer and is accessible to our website. We use cookies to maintain your shopping cart and other website services, including traffic and sales tracking via Google.

We use a cookie to collect your personal data when you log into your account. As soon as you log out of your account, all cookies containing any personal information are deleted, unless you specifically request otherwise. The contents of your shopping cart are stored on our server until you place your order.

Our website also makes use of advertising services, including Google AdWords and Facebook remarketing services, to advertise on third party websites to previous visitors to our site. We may use these services to display ads to you, if you have visited our site in the past. This may include ads on search results page, displaying ads on websites that you are browsing, or while you are using social media sites. Third-party vendors use cookies to identify that you have previously visited our site, and you may opt out of these advertisements through your cookie settings or by using a browser plugin. Any data collected will be used in accordance with our own privacy policy and that of the relevant third-party services.

6.4 Security

We take all reasonable steps to store your personal information securely. In particular, we want you to feel confident in dealing with us on the Internet.

Our website uses 256-bit Secure Sockets Layer (SSL) encryption (depending on your browser), when you place an order on our website, from the time you finalise your order until you have successfully provided your payment details to us. You can see this by the closed padlock in your browser window on these pages. SSL encrypts all information passed from you to us, such as your personal details, making it extremely difficult for this information to be intercepted. We use a PCI-DSS compliant system to collect your credit card details, and all credit card data is stored securely until we have successfully processed your payment. We store your credit card details only for the purposes of processing your order. Credit card processing is done through our merchant facility.

6.5 Customer database

Once you have placed an order with us, we store the information you have provided to us in our customer database, to allow us to fill your order and provide you with customer service. Your order is stored online in our website database to allow us to download your order to our customer database, and to provide you with access to your order history. Our business customer database is stored on an internal server and is protected by a firewall. Only specific authorised employees or sub-contractors in our customer service, marketing, store, accounting, warehouse systems and IT areas have access to our customers’ personal information, and only under strict controls and procedures.

6.6 Email

Your email address will only be used to communicate with you about your order and to respond to your queries. It will not be kept or used for any purpose other than stated. Your email address will not be added to a mailing list unless you give your consent, nor will it be disclosed to anyone else without your knowledge or consent.

If you ask for your email address to be added to our mailing list, we will use your email address to send you information about new products, special offers or other promotional activities at our discretion. You can be removed from our mailing list at any time by contacting us and requesting that your email address is removed from our lists. Please allow 24 hours for your request to be completed.

6.7 Accessing your data

You are welcome to contact us at any time and ask what information we are keeping about you, why we are holding it and what we use it for. Please let us know if your information is incorrect or out-of-date, and we will update our records accordingly.