Terms of service

1.0 GENERAL

This website is operated by Adrian Michael Spinazzola Trading As Forged Innovationz (ABN 21 320 161 400) (we, our or us). These terms and conditions (Terms) govern your use of our website and the purchase of products through our website. By using our website or placing an order, you accept these Terms and enter into a binding agreement with us.

Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

  • Our liability under these terms is limited as set out in the Limitations section below.
  • We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on our website or for featuring certain products or services on our website.

Nothing in these terms limit your rights under the Australian Consumer Law.

2.0 ORDERS

  1. You may order products as shown on our website. By placing an order, you agree to purchase the product(s) at the total price shown at checkout.
  2. You must be at least 18 years old to place orders.
  3. We may accept or reject any order and will notify you within a reasonable time if we reject your order. Once we accept an order, a binding agreement is formed for the supply of products under these Terms.
  4. All products are made to order. Any dispatch and shipping dates set out on the website are estimates only, and we are not liable for delays or date inaccuracies.
  5. We strive to ensure that product descriptions, specifications, prices, and images on our website are accurate. However, we do not warrant that product descriptions or other content is error-free, complete, or current. In the event of an error, we reserve the right to correct it and will notify you if this affects your order.
  6. Colours and images displayed on our website may vary from the actual product due to monitor settings, lighting, and photography.
  7. We may cancel any accepted order before delivery for reasons including significant dispatch delays, inability to supply products due to circumstances beyond our control, or errors on our website (such as incorrect descriptions, prices or images). We will contact you using the details you provided when ordering.

3.0 PRODUCT DISCLAIMER

You acknowledge and agree that our products, including our flip plate products, are designed for use on private property only and are not intended for use in public domains or on public roads. To the maximum extent permitted by law:

  1. we do not warrant, promise or guarantee that the products are compliant with local road rules or applicable laws where the products are used on public roads; and
  2. we are not responsible for your compliance with any applicable road rules.

Forged Innovationz is not in any way liable for any breaches, infringements, physical, financial or health detriment or death as a result of breaching any such laws and using products.

4.0 PAYMENTS

  1. You must pay in full when you place your order. The amount payable includes product price, delivery charges, and GST, as displayed at checkout. You remain liable for any import duties or other charges imposed by customs or tax authorities. We are not responsible for any delays or additional costs resulting from customs clearance processes.
  2. We accept the payment methods displayed on our website at the time of purchase. Where we offer payment through third-party providers, your use of those payment methods may be governed by the third-party provider's separate terms and conditions, which you must review and accept directly with them.

5.0 DELIVERY, TITLE AND RISK

  1. We will supply the products in accordance with these Terms.
  2. We deliver to areas specified on our website. If you are outside our delivery area, please contact us to discuss alternative options.
  3. Any delivery timeframes shown on our website are estimates only.
  4. We use various delivery methods. Some deliveries require a signature, while others may be left in a safe place or at your nearest post office for collection, subject to your preferences and our delivery partner's policies.
  5. We retain title to the products until we receive payment of the full purchase price. Until title passes to you, you must not create, permit or allow any encumbrance, security interest, charge, lien or other third-party interest over the products.
  6. Risk in the products will pass to you when the products have been delivered to the delivery address, except where you have arranged for delivery by a carrier (not named as an option by us) yourself, in which case, risk in the products will pass to you on delivery to the carrier.

6.0 REFUNDS AND RETURNS

  1. We offer exchanges (subject to stock availability) or refunds of products for change of mind where we determine (at our absolute discretion):
    • you have provided the proof of purchase and you purchased the products within 30days prior to the request for an exchange or refund;
    • the products are in their original condition and have not been used, worn, damaged, tampered with, washed, altered, connected, installed or attempted to be connected or installed;
    • the products are in a resaleable condition, as determined by us at the time of receiving the product;
    • the products are not sale items, custom-made, special buy products or gift vouchers; and
    • a returns communication has been completed and a return authorisation has been approved.

  2. We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.

  3. You may have rights under the Australian Consumer Law (see below) in addition to this clause.

7.0 AUSTRALIAN CONSUMER LAW

  1. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
  2. Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
  3. Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the price of the relevant product. Please contact us for further information.

8.0 LIABILITY

Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

  1. neither party will be liable for indirect, consequential, or special losses or loss of profits, revenue, or business opportunities;
  2. each party's liability will be reduced proportionately where the loss was caused or contributed to by the other party's acts, omissions, or failure to mitigate their losses; and
  3. each party's total liability arising from or relating to these Terms or the products will not exceed the amount paid for the specific products that are the subject of the relevant claim.

9.0 USE OF OUR WEBSITE

When using our website, you must not:

  1. breach any person's privacy, legal rights, or upload personal information without consent;
  2. defame, harass, threaten, or offend any person;
  3. use our website for any unlawful purpose;
  4. interfere with other users or our website's operation;
  5. introduce viruses, malware, or attempt to modify or tamper with our website;
  6. send spam or unsolicited messages;
  7. use automated tools such as bots, scrapers, or data mining software;
  8. assist others in doing any of the above;
  9. provide false, inaccurate, or misleading information;
  10. use another person's details without authorisation; or
  11. fail to maintain the security of any access credentials we provide to you.

10.0 INTELLECTUAL PROPERTY

All intellectual property rights in our website, products, content, branding, and materials (including copyright, trademarks, and designs) remain our property at all times.

You must not, without our prior written consent:

  1. copy, reproduce, distribute, sell, publish, or broadcast our intellectual property;
  2. use our intellectual property for commercial purposes or revenue generation;
  3. modify, adapt, or create derivative works from our intellectual property;
  4. frame or embed our content in another website; or
  5. remove or alter any copyright notices or proprietary markings.

You may share our content on social media or personal blogs provided you:

  1. do not claim ownership of our intellectual property;
  2. do not imply our endorsement unless explicitly agreed in writing; and
  3. do not damage our reputation or use our content in any illegal, misleading, or deceptive manner.

If you submit content to our website (such as reviews, comments, or feedback), you:

  1. grant us a worldwide, royalty-free, non-exclusive licence to use, modify, and display that content for our business purposes;
  2. warrant that you own the content or have permission to submit it;
  3. acknowledge that we may remove any content at our discretion; and
  4. remain responsible for ensuring your content does not infringe third-party rights or violate any laws.

11.0 GENERAL

  1. Amendment: We may update these Terms at any time by publishing revised terms on our website. The Terms that apply to your order are those in effect when you place your order. We recommend reviewing the current Terms before each purchase.
  2. Complaints and Feedback: We are always looking to improve our services and products. If you have any feedback or a complaint, please notify us on our contact details set out in these Terms and we will take reasonable steps to address any concerns you have.
  3. Disputes: A party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other party within 14 days of notifying that other party of the Dispute. If the parties cannot resolve the Dispute at that meeting, either party may refer the Dispute to mediation administered by the Australian Disputes Centre.
  4. Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
  5. Governing Law: Both parties submit to the exclusive jurisdiction of the courts operating in Victoria.
  6. Notices: Any notice given under these Terms must be in writing addressed to us at forgedinnovationz@gmail.com or to you at the details provided when you submitted your order or in your account.
  7. Privacy: We will comply with all applicable data protection laws, and your personal information will be handled in accordance with our privacy policy (available on our website).