This webpage contains our terms of trade, terms of use of this website and privacy documents.
The following terms of trade form part of any contract of sale between Playdrive conducting business through the Nominees for the Behrendorff Family Trust and our clients:
Return Policy
If you return your goods within 30 days, with a copy of your Playdrive invoice, the goods are clean and have not been used or assembled; we’ll give you a full refund. If the item has been assembled or requires cleaning, and you have a copy of your Playdrive invoice, a shop credit will be issued less a cleaning charge to be determined by Playdrive upon visual inspection of the item/s.
Sorry, we cannot accept returns on goods ordered to your specification (such as custom-made furniture).
Exchanges and refunds can be given where goods are faulty (other than any fault that was clearly communicated to you, or which ought to have been revealed by an examination of the product, at the time of purchase), wrongly described, different from a sample shown to you or don’t do what they are supposed to do.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
This policy is in addition to and does not affect your statutory rights under the Trade Practices Act.
Cancellation of Custom Orders
Any of the following actions will be deemed an official sales order and instruction to proceed under the terms of our quotation and terms of trade:
- The payment of any amounts due in relation to a Playdrive quotation, order or invoice, or,
- The physical, faxed, emailed or digitally transferred receipt of any intent to proceed in relation to a Playdrive quotation, order or invoice.
Custom orders: In the event that a client does not wish us to proceed with production after any of the above events, it is the client’s responsibility to provide written instructions via email to carl @ playdrivecnc . com and to also receive our verbal or electronic confirmation of this cancellation. The client shall be liable to Playdrive for the order processing, design, materials, and labour cost incurred in manufacturing the goods to that point, plus an administration cost of 20% of the goods value.
Product orders: In the event that a client does not wish us to proceed with production after any of the above events, it is the client’s responsibility to provide written instructions via email to carl @ playdrivecnc . com and to also receive our verbal or electronic confirmation of this cancellation. The client shall be liable to Playdrive for an administration cost of 20% of the goods value.
Delays in Manufacture
Playdrive takes pride in meeting our estimated lead times for delivery of satisfactory product and providing realistic and achievable deadlines for order completion.
In the event that order production is delayed due to circumstances beyond Playdrive’s control (including but not limited to transit delays, production delays, equipment malfunction), the client shall remain liable for all amounts due under the contract upon the eventual delivery of product, to the extent allowed by applicable law. Clients are asked to provide ample additional time to allow for unforeseen circumstances.
Payment
Unless agreed in writing prior to production commencing, a 50% deposit is required on placement of your order and full payment of the balance must be arranged prior to collection or delivery of goods. Partial delivery or collection isn’t not available until full payment has been received. Payments can be made by cash of EFT (direct cash deposit) into Playdrive’s bank account.
Restriction of Liability
To the extent allowed by applicable law, neither Playdrive, its employees, subcontractors, partners, nor associates shall be liable for consequential loss, injury or damages arising from the design, manufacture, distribution or use of any products manufactured by Playdrive, delays in order completion, any other failure of performance, or any representation made on behalf of Playdrive by its employees, subcontractors, partners, or associates.
Intellectual Property
Where the customer has supplied a design or concept in part or in full, the customer warrants that the design or concept is the customer’s original work, and that it does not infringe on the copyright, intellectual property rights or moral rights of any third party. If the design or concept is not the customers own, the customer must have permission to use the design/concept.
Delivery and Installation
All delivery and installation amounts are an estimate based on information provided by the client and are subject to additional charges that may arise due to access not being as advised and/or changes in scope.
If Playdrive is undertaking on-site assembly and/or installation, sufficient area must be clear and ready for assembly/installation. Installations are limited to installation of the goods and does not include any works to the fabric or structure of the property. If any preparatory works are required, it is the responsibility of the client to ensure that this is done by an accredited tradesperson prior to the installation. If the installation can not be completed due to site conditions or technical requirements, all costs incurred will be payable by the customer.
If Playdrive is unable to obtain access or the area is not clear at the agreed time, the customer will incur a redelivery fee.
Storage Fees
Storage fees will be charged for goods left in our possession for more than 2 weeks. After 2 weeks from the date of completion, storage will be charged at $33 per cubic metre per week.
Variation Policy
Any changes requested by the client or previously unknown factors beyond Playdrive’s control may incur additional costs to the client, calculated at our standard hourly rate.
Jurisdiction
This Contract shall be subject to and construed in accordance with the laws of the State of Queensland and parties to the contract will submit to the jurisdiction of the courts and tribunals of that State.
Terms of Use of This Website
The Playdrive Web Site and related Internet properties (the “Site”) is an online information service provided by Playdrive subject to your compliance with the terms and conditions set forth below.
Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. Playdrive may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
Restrictions On Use
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are Playdrive, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. Material from Playdrive and any other World Wide Web site owned, operated, licensed, or controlled by Playdrive may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Playdrive. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree that you shall have no recourse against Playdrive for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Playdrive.
Restriction of Liability
Playdrive will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Playdrive will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Playdrive or an authorised representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
Submissions
All remarks, suggestions, ideas, graphics, or other information communicated to Playdrive through this site (together, the “Submission”) will forever be the property of Playdrive. Playdrive will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Playdrive operations. Without limitation, Playdrive will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Playdrive will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Playdrive or to other entities who are not involved in the operation of this site. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Playdrive have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Disclaimer
The material in this site could include technical inaccuracies or typographical errors. Playdrive may make changes or improvements at any time. The materials in this site are provided “as is” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Playdrive disclaims all warranties or merchantability and fitness for a particular purpose. Playdrive does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Playdrive does not warrant or make any representations regarding the use of or the result of the use of the material in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Playdrive) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties.
Termination
Playdrive or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from the Playdrive site, and (b) all related documentation and all copies and installations (together, the “Materials”). Playdrive may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
Indemnification and Reservation of Rights
You agree to indemnify, defend and hold harmless Playdrive, its officers, partners, employees, sub-contractors, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
Playdrive reserves the right to release current or past member or Web site user information if Playdrive believes that a member’s account is being used to commit unlawful acts, if the information is subpoenaed and/or if Playdrive deems it necessary and/or appropriate.
Third Party Rights
The provisions of paragraphs 3 (Use of the Site), and 8 (Indemnification) are for the benefit of Playdrive and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Special Admonitions for International Use
Recognising the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Playdrive shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings. Please note: All links to third party sites are provided for your convenience only. Playdrive is not responsible for and makes no representations concerning the condition and content of, or products offered at the third party sites. The links do not indicate, expressly or impliedly, that Playdrive endorses the linked sites or the products or services offered there. You access the sites and use any products or services at your own risk.
Links
The Site may provide, or third parties may provide, links to non-internet.com Internet World Wide Web sites or resources. Because Playdrive has no control over such sites and resources, you acknowledge and agree that Playdrive is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Playdrive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Miscellaneous
These Terms and Conditions will be governed and be interpreted pursuant to the laws of Australia, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Playdrive can revise these Terms and Conditions at any time by updating this posting. Playdrive products and services are available in many parts of the world. However, the Playdrive site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by Playdrive. Playdrive is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Playdrive of the sites.