Terms & ConditionsTERMS AND CONDITIONS
These terms and conditions ("Terms") apply to the entire website under the domain name www.locomo.com.au ("Website") and to any contracts entered into with Locomo Australia Limited. ("Locomo").
Please read these Terms carefully. You agree to be bound by the Terms by accessing the Website, regardless of whether you create an account or make a purchase.
If you breach any of the Terms, you are prohibited to continue using the Website.
If you do not agree with any part of these Terms you must leave this Website immediately.
These Terms may be updated periodically by Locomo. Revisions will be posted to this page. You agree to be bound by any revisions.
Placing Your Order
You may place an order with Locomo by completing the order form on the Website and entering and confirming your payment information.
When you place your order, we will issue you with an order number by email.
By placing an order, you make an offer to us to purchase our products, or other product you have selected, based on these Terms.
Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply our products, however Locomo will make every effort to supply the products you have selected.
We will notify you that your order is being processed by sending an order confirmation email to you. We do not formally accept your offer until your order has passed our internal validation procedures for:
verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud; and
confirming with our distribution centre that they have the product in stock that you have selected.
If we cannot process or accept your order after payment is received we will contact you promptly by email or telephone.
Locomo reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Communication by us
As a condition of creating an account with Locomo, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
'Administrative Emails' involve details of account activity and purchases you have made.
You agree not to post or transmit to the Website any material which:
is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary or
is not properly licenced for use on this Website,
violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person,
constitutes or encourages an illegal act -- including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world,
infringes on the rights of a third party in any country in the world, or
has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
You agree to not attempt to "hack" the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, "phishing", accessing "hidden" URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
You may not reverse engineer, decompile, or disassemble the Locomo website, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree that Locomo owes no royalty or licence fee to you or any third party for use of material which is posted or transmitted to the Website. Locomo is free to copy, distribute or incorporate such material into the Website for commercial or non-commercial purposes.
You warrant that:
You have undertaken your own due diligence as to whether the product you wish to purchase are suitable for you (or the person you are purchasing it for). Locomo provides the specifications of its products on its website but makes no representation that its product is suitable for your condition (or the condition of the person you have purchased it for).
Locomo is not responsible for any issues arising from you not complying with the above. By placing an order with Locomo you agree to this and waive any rights.
If you decide to purchase a product from the Website, you agree to promptly pay the associated fee. You acknowledge that if you trigger a "chargeback" through your credit card provider we reserve the right to no longer conduct business with you.
Returns & Refunds
We hope you love your Locomo product , but if for any reason you are not happy with your purchase, simply notify Locomo within 7 days of receiving the item and arrange for it to be returned within the next 14 days in its original packaging and in "as-new" saleable condition. The cost of the item will be refunded to your account once the return has been received or Locomo can provide you with another Locomo product of same value (at your election). Please note that no freight fees associated with the return will be refunded. To get this process underway simply contact us and Locomo can walk you through next steps. In some cases, Locomo can arrange for the courier to pick it up from you (at your cost).
Credit Card Fraud
Locomo, through our transaction provider PayPal, employs the Secure Sockets Layer (SSL) technology to protect transactions with our customers. However Locomo will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner as a result of using this website.
Supply Of Products
Subject to these Terms, we will supply to you the Products indicated on your order confirmation. Your ability to return the product you have purchased is subject to the Locomo returns policy. Your consumer guarantees, as provided under Australian Consumer law, are in no way changed or limited.
Delivery Of Your Products
The delivery of your product takes up to 14 working days from the date your payment is received though some of Locomo's customers in the main centres may receive their order much sooner. If for some issue relating to supply or circumstances beyond Locomo's control Locomo is unable to ship within this time, Locomo will contact you promptly to discuss options (one of which is a refund if the revised timeframe does not work for you).
When Locomo ships your order we will make every effort to provide you with tracking details so you can see where your order is and when you might expect to receive it. Locomo uses its best endeavours to ship your order the day after it is placed.
Every effort is made to ship your order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control. If your order has not arrived after the estimated delivery time, please contact us.
Unless otherwise agreed by us, we will deliver your order to the address indicated on your order confirmation. If no-one is available to take delivery of your order, our carrier may leave a card so you can pick-up your product from the local depot.
Title and risk of loss to all products will pass to you on delivery.
Customs and Duties
Any customs or duties are the responsibility of the customer. Please note that in addition to any fees listed above, some customs offices will charge a handling fee to process the paperwork for clearing customs.
Outbound links from this Website are provided for your convenience.
Locomo has not reviewed these websites in any great detail, and cannot vouch for the content on these pages. You agree to access these links entirely at your own risk.
You are welcome to link to the Website provided you do so tastefully. If we feel your link is not in good taste, or is damaging to our brand (beyond mere criticism), we reserve the right to withdraw the right to link to the Website. You agree to remove the offending link at this time.
You shall not assign any rights and obligations under these Terms whether in whole or in part without the prior written consent of Locomo. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.
Under the Australian Consumer Law ("ACL"), where implied conditions and warranties cannot be excluded, any liability in Locomo for breach of such conditions and warranties (other than a condition or warranty implied by section 53 of the ACL) shall be limited, at the option Locomo, to the replacement of the product(s) or the re-supply of the same product(s); the payment of the cost of replacing the product(s) or of acquiring equivalent product(s).
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.
Neither our failure nor your failure to enforce any part of these Terms constitutes a waiver of such Terms. Such failure will in no way affect the right to later enforce a part of these Terms.
Locomo reserves the right to change the Terms at any time.
No Locomo employee or agent has the authority to vary any of the Terms.
Locomo shall not be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of Locomo, and Locomo will be entitled to a reasonable extension of time for the performance of such obligations.
Disclaimer and Liability
Whilst every effort has been made to ensure the information contained within this Website is correct, Locomo makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an "as is" basis.
Locomo, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
Governing law and severability
This contract will be governed by the laws of the New South Wales, Australia. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
If a provision of these Terms is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.
At Locomo, the importance of protecting your privacy is paramount. We promise to do everything in our power to ensure you shop with us with confidence.
This page describes how we collect, use and safeguard your personal information. If you have any questions relating to this policy, please do not hesitate to contact us.
How we collect personal information
We strive to collect only personal information necessary to conduct business as a premier retailer of mobility products.
The type of personal information we collect includes:
your full name and contact details (such as phone and email),
the name, address and contact details of the person who will take delivery of the product,
your billing information,
the IP address you use to access our services, the pages you visit, times of access, user agents,
the item you purchased,
any images you disclose to us when you complete an online form on our website or send us via email,
any personal information you disclose to us when you complete an online form on our website, or send us via email.
Using your personal information
Any personal information which is collected will be used and disclosed only to provide you with the products and services you've requested, or otherwise to carry out our business.
We will not under any circumstances disclose information about you to a third party unrelated to our business, unless such a disclosure is authorised or required by law, or you have expressly consented to such a disclosure.
We may periodically and infrequently send our customers surveys or company announcements.
Third Party Advertising:
Third party vendors, including Google, show our ads on sites on the internet.
Accessing and Editing your personal information
Upon request we are happy to provide a copy of all the personal information held on your behalf by contacting us. We are also happy to make any amendments including deletion of any information at your request.
Any such request as outlined above will be subject to personal identification requirements.
Securing and Storing Your Personal Information
We are committed to maintaining the confidentiality of the information you have provided to us and we take all reasonable precautions to protect your personal information from unauthorised use or alteration.
Your personal information may be stored by us both electronically and in hard copy form. We take all necessary measures to ensure the security of your information in both these forms.
If you would like more information about the way we manage your personal information please contact us.
More Information & Making a Complaint
Should you wish to discuss, comment or complain about the personal information we hold on your behalf, the method in which we store and access your information, or you believe that your information has been accessed or compromised without your consent, we encourage you to contact us.
All communications relating to personal information will be treated with strict confidence. Any matters of complaint will be handled directly by a director of the company, with a view to the quickest possible resolution.
If you would like more information about the way we manage your personal information please contact us.
Further information about the Privacy Act 1988 and the National Privacy Principles is available on the Federal Privacy Commissioner's website at: ( www.privacy.gov.au).