Terms of service

1. Acceptance of Terms

By accessing or using the website at https://whiteroadfans.space (the "Store") or placing an order with Whiteroad Developments Pty Ltd ("WRF", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms") and all policies incorporated herein by reference, including our Privacy Policy and Return and Refund Policy.

If you do not agree to these Terms in their entirety, you must not use the Store or place any order. We reserve the right to update or modify these Terms at any time by posting the revised version on the Store. Your continued use of the Store following any such changes constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the State of Tasmania and the Commonwealth of Australia, including the Australian Consumer Law (ACL) as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

 

 

2. About Us

Whiteroad Developments Pty Ltd is a company registered in Australia with the following details:

 

Registered Company Name:  Whiteroad Developments Pty Ltd

ACN:  694 822 261

ABN:  93 694 822 261

Registered Address:  18 Corcellis St, Wivenhoe TAS 7320, Australia

Phone:  +61 410 395 841

Email:  contact@Whiteroaddevelopments.space

 

 

3. Eligibility

By using the Store and placing an order, you represent and warrant that:

You are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher;
You have the legal capacity to enter into a binding contract;
You are not barred from using the Store under any applicable law; and
All information you provide to us is accurate, current, and complete.

WRF reserves the right to refuse service, cancel orders, or close accounts at our sole discretion.

 

 

4. Products and Availability

4.1 Product Descriptions

We make every effort to display our products accurately, including descriptions, images, and specifications. However, we do not warrant that product descriptions or other content on the Store are accurate, complete, reliable, current, or error-free. Colours and appearances may vary depending on your screen or device settings.

 

4.2 Availability

All products are subject to availability. WRF reserves the right to discontinue any product at any time without notice. If a product you have ordered becomes unavailable after your order is placed, we will notify you and offer a full refund or an alternative product.

 

4.3 Pricing

All prices are listed in Euros (EUR) unless otherwise indicated. WRF reserves the right to change prices at any time without prior notice. The price applicable to your order is the price displayed at the time you place your order. We are not responsible for typographical errors in pricing and reserve the right to cancel orders placed at an incorrect price.

 

 

5. Orders and Contract Formation

5.1 Placing an Order

By placing an order through the Store, you make an offer to purchase the selected product(s) on these Terms. No contract is formed until WRF sends you an order confirmation by email. WRF reserves the right to decline or cancel any order at any time before confirmation, for any reason, including but not limited to suspected fraud, pricing errors, or stock unavailability.

 

5.2 Order Cancellation by Customer

You may request to cancel your order before it has been dispatched by contacting us at contact@Whiteroaddevelopments.space. Once an order has been dispatched, it cannot be cancelled, but may be returned in accordance with our Return and Refund Policy.

 

5.3 Order Cancellation by WRF

We reserve the right to cancel any order at any time. If we cancel your order after payment has been taken, a full refund will be issued to your original payment method within 10 business days.

 

 

6. Payment

6.1 Accepted Payment Methods

Payments are processed securely through Stripe Payments Australia Pty Ltd ("Stripe"). By completing a purchase, you agree to Stripe's Terms of Service available at https://stripe.com/au/legal. WRF accepts payment methods as displayed at checkout, which may include major credit and debit cards.

 

6.2 Payment Security

WRF does not store your full payment card details. All payment information is handled directly by Stripe in accordance with PCI-DSS (Payment Card Industry Data Security Standard) requirements. WRF is not responsible for any errors or failures caused by the payment processor.

 

6.3 Currency and Taxes

Prices are displayed in EUR. For Australian customers, prices displayed are inclusive of any applicable Goods and Services Tax (GST) where required by law. For EU customers, prices may or may not include local VAT depending on the applicable threshold; you are responsible for any import duties or local taxes beyond those collected at checkout.

 

6.4 Failed Payments

If your payment fails or is declined, your order will not be processed. WRF accepts no liability for failed transactions arising from issues with your payment provider, card issuer, or internet connectivity.

 

 

7. Shipping and Delivery

7.1 Shipping Destinations

WRF ships to Australia and select European countries, including Belgium, France, Germany, the Netherlands, Portugal, and Spain. We reserve the right to restrict shipping to certain locations at any time.

 

7.2 Delivery Timeframes

Estimated delivery timeframes are provided at checkout and are indicative only. WRF is not responsible for delays caused by customs, postal services, public holidays, natural disasters, or other events beyond our control.

 

7.3 Risk and Title

Risk of loss or damage to goods passes to you upon delivery to the address specified in your order. Title to the goods passes to you upon receipt of full payment.

 

7.4 Failed Deliveries

If a delivery attempt fails due to an incorrect address or absence, the courier may leave a notification. WRF is not responsible for goods that are undeliverable due to an incorrect address provided by the customer. Additional re-delivery charges may apply.

 

 

8. Australian Consumer Law Guarantees

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 compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms limits, excludes, or modifies any consumer guarantee, right, or remedy you have under the ACL or any other applicable consumer protection law that cannot lawfully be excluded or limited.

 

 

9. European Union Consumer Rights

If you are a consumer located in the European Union, nothing in these Terms affects your statutory rights under applicable EU consumer protection laws, including Directive 2011/83/EU on Consumer Rights. You retain your right of withdrawal as described in our Return and Refund Policy.

In the event of any conflict between these Terms and mandatory EU consumer protection law, the mandatory law provisions shall prevail to the extent of the conflict.

 

 

10. Intellectual Property

All content on the Store, including but not limited to text, images, logos, graphics, product designs, and software, is the property of Whiteroad Developments Pty Ltd or its licensors and is protected by applicable copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from the Store without our prior written consent. Personal, non-commercial use of the Store content is permitted provided you retain all copyright and proprietary notices.

 

 

11. Prohibited Use

You agree not to use the Store for any purpose that is unlawful or prohibited by these Terms. You must not:

Use the Store in any manner that could damage, disable, or impair the Store or interfere with any other party's use;
Attempt to gain unauthorised access to any part of the Store, server, or database;
Use automated tools, bots, or scrapers to access the Store;
Submit false, misleading, or fraudulent information or orders;
Engage in any conduct that is harassing, abusive, defamatory, or otherwise objectionable;
Violate any applicable local, national, or international law or regulation.

We reserve the right to terminate your access to the Store immediately and without notice for any breach of this Section.

 

 

12. Limitation of Liability

To the maximum extent permitted by law, WRF's total liability to you for any claim arising out of or in connection with these Terms or your use of the Store shall not exceed the amount paid by you for the specific order giving rise to the claim.

WRF is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or loss of goodwill, arising out of or in connection with your use of the Store, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits WRF's liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under the ACL or applicable EU consumer law.

 

 

13. Privacy

WRF is committed to protecting your personal information. The collection, use, and disclosure of your personal data is governed by our Privacy Policy, available on the Store. By using the Store, you consent to the collection and use of your information as described in the Privacy Policy.

WRF complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), and, where applicable, the EU General Data Protection Regulation (GDPR).

 

 

14. Third-Party Links and Services

The Store may contain links to third-party websites or services (including Stripe) that are not owned or controlled by WRF. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites. We encourage you to review the terms and privacy policies of any third-party sites you visit.

 

 

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal proceedings, you agree to contact us at contact@Whiteroaddevelopments.space to seek an informal resolution. We will endeavour to respond and resolve any complaint within 10 business days.

 

15.2 Australian Customers

If a dispute cannot be resolved informally, Australian customers may contact the Australian Competition and Consumer Commission (ACCC) at www.accc.gov.au, or the relevant state or territory consumer protection agency.

 

15.3 EU Customers

EU customers may submit a complaint through the European Commission's Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr.

 

15.4 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Tasmania, Australia. Subject to any mandatory consumer law provisions, the parties submit to the exclusive jurisdiction of the courts of Tasmania, Australia.

 

 

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Return and Refund Policy, constitute the entire agreement between you and WRF with respect to your use of the Store and supersede all prior agreements and understandings.

 

16.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

 

16.3 Waiver

Failure by WRF to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

 

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without WRF's prior written consent. WRF may assign its rights and obligations without restriction.

 

16.5 Language

These Terms are provided in English. Where translated versions are made available for convenience, the English version shall prevail in the event of any inconsistency.

 

 

17. Contact Us

If you have any questions about these Terms of Service, please contact us:

 

Whiteroad Developments Pty Ltd

18 Corcellis St, Wivenhoe TAS 7320, Australia

Phone: +61 410 395 841

Email: contact@Whiteroaddevelopments.space

Website: https://whiteroadfans.space