TERMS OF USE

CONDITIONS OF USE

Welcome to the web Ave Universal Technology. By using the website of Ave Universal Technology YOU AGREE TO BE BOUND BY THE TERMS OF-USE (explained below), LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the website of Universal Technology Ave. You should know that every retail policy may differ substantially from those applicable to your use of the website of Universal Technology Ave.

 

Each time you use the Web site Ave Universal Technology, you should visit and review the terms of use of this page, Legal Notice and Privacy Policy which applies to every transaction and use of this site. 

1. Orders and cancellations

1.1 Orders

(a) The Seller is committed to providing exceptional customer service and quality of products.
(b) The Seller endeavours to make sure that all Goods listed on its website are currently in stock and that pricing is true and correct.
(c)  Standard delivery timeframes are as set out in clause 4 of these Terms.
(d) In the event that any ordered Goods are not available or the Seller is unable to fulfil the Customer’s order, the Seller will notify the Customer within two Business Days to arrange agreeable alternative Goods, a backorder or provide the Customer will a full refund.

1.2 Cancellations

(a) The Customer should order Goods carefully. An accepted order cannot be cancelled by the Customer unless the Seller agrees in writing.
(b) The Seller will not usually give refunds or allow orders to be cancelled if the Customer simply changes their mind or has made the wrong purchase decision.
(c) For any orders the Seller agrees to cancel, all costs incurred up to the date of cancellation including a 10% handling charge as notified by the Seller, will payable by the Customer.
(d) Pursuant to clause 8 of these Terms, the Customer can choose between a refund, exchange or credit where Goods are defective, faulty, have been wrongly described, are different to the Goods purchased on the Seller’s website or do not perform as advertised.
(e) The Customer may also be entitled to other remedies if Goods do not comply with the consumer guarantees

2. Specifications and availability of Goods

The Seller may, in its sole discretion and without any liability to the Customer:
(a) alter the specifications or designs of any of its Goods;
(b) cease making certain Goods and/or ranges of Goods and cease offering such Goods to the Customer.

3. Prices

(a) The Seller will invoice all orders for Goods at the Seller’s then current prices.
(b) All prices quoted by the Seller for the supply of Goods are in $ (dollar)/ Rp.(Rupiah). Prices for Goods supplied to Customers located inside Indonesia include Tax (goods and services tax) as of the date of purchase
(c) Prices are regularly updated, including without limitation where price changes are received from the Seller’s suppliers.
(d) If the Customer finds a supplier offering a cheaper advertised price somewhere else, the Customer may e mail or phone the Seller (using the contact details set out in clause 17 of these Terms) with the details of that supplier together with prices of the product required and the Seller will endeavour to provide the Customer with a more competitive price.
(e) If any other government charges or duties, including without limitation sales tax, use or excises taxes or import taxes are payable on any order, these will be notified to the Customer as part of the order at checkout.

4. Shipping and delivery

(a) The Seller will deliver the Goods to a delivery point nominated by the Customer in their order and the Customer will pay all delivery costs to the Seller in accordance with clause 7 of these Terms.
(b) Delivery costs are influenced by the size and weight of the Goods ordered and the Customer’s location. Exact delivery costs are calculated in the shopping cart when Goods are ordered and will be added to the order total before checkout.
(c) Orders of Goods are generally dispatched within two Business Days of the date of the order. Delivery times (for deliveries within Indonesia) are estimated at between three to seven Business Days depending on the Customer’s location in Indonesia.
(d) Delivery dates and times advised by the Seller are estimates only. The Seller will not be liable for any late delivery.
(e) The Seller may, by notice in writing to the Customer, extend the period for delivery for any reason and without liability to the Customer.
(f) The Seller reserves the right to deliver the Goods in instalments. The Customer must accept any part delivery of the Goods.

5. Risk in and ownership of Goods

5.1 Risk

All risk in the Goods will pass to the Customer when the Goods leave the Seller’s premises, regardless of how delivery is effected. The Seller is not liable for any loss, theft or damage to the Goods once risk has passed to the Customer.

5.2 Ownership

Ownership of the Goods will remain with the Seller until all amounts owing by the Customer to the Seller on any account have been paid.

6. Insurance

(a) The Goods will not be insured by the Seller beyond the Seller’s premises.
(b) Insurance for loss or damage in transit beyond the Seller’s premises is the Customer’s responsibility unless the Seller agrees (in writing) to effect insurance cover on behalf of the Customer in which case such insurance will be at the Customer’s cost.

7. Payment

Payment of the price for any Goods ordered and all related fees, taxes and delivery costs must be made in full by the Customer at the time of ordering the Goods.

8. Warranty

8.1 consumers protection law

Consumer Protection Act No. 8 of 1999 on Consumer Protection of the Republic of Indonesia explained that consumer rights include the right to comfort, security, and safety in the consumption of goods and or services; the right to choose the goods and or services as well as goods and or services in accordance with the exchange rate and the conditions and guarantees promised; the right to be treated or serviced properly and honestly and not discriminatory; entitled to any compensation, damages and or replacement, if the goods or services received are not in accordance with the agreement or not as it should be; and so on.

8.2 Warranty

(a) Subject to clause 9.1 of these Terms, if, during the 12 month period from the date of purchase (Warranty Period) the Customer becomes aware or discovers that the Goods;

(i) contain a defect in workmanship or materials;
(ii) are faulty;
(iii) have been wrongly described by the Seller;
(iv) are different to the Goods purchased on the Seller’s website; or
(v) do not perform as advertised,
the Seller will, subject to this clause 8 and at the Customer’s option:
(vi) supply replacement Goods;
(vii) provide the Customer with a credit for the amount paid for the Goods; or
(viii) refund the amount paid by the Customer for the Goods,
(Warranty).

(b) The Warranty does not extend to Goods that are not manufactured by the Seller or do not bear the Seller’s mark.

(c) To make a Warranty claim, the Customer must:

(i) contact the Seller using the details set out in clause 17 of these Terms within one month of becoming aware of the relevant circumstances giving rise to the claim;
(ii) return the Goods to the address set out in clause 17 of these Terms along with proof of purchase showing the date of purchase and the price paid for the Goods; and
(iii) describe the problem with the Goods.

8.3 Exclusions

The Warranty will not extend to Goods that have been:
(a) subjected to improper use, misuse, neglect or damage;
(b) improperly handled, cared for or maintained;
(c) altered or modified in any way; or
(d) used in a manner other than as recommended by the Seller.

8.4 Warranty costs

The Customer will be responsible for all costs of returning the Goods to the Seller and for redelivery by the Seller of the original, repaired or replaced Goods and any other costs or expenses incurred by the Customer in making a claim under the Warranty.

8.5 General

(a) Except where the Seller rejects a Warranty claim, all Goods returned to the Seller under this clause 8 become the property of the Seller.
(b) If the Seller rejects a Warranty claim, the Customer must pay the Seller’s reasonable costs of testing and investigating the Goods in addition to shipping and transportation charges. Where the Seller is in possession of the Goods, the Goods will be returned to the Customer on receipt of the amount charged.
(c) To the maximum extent permitted by law, the Seller’s determination of the existence of any defect and the cause of any defect will be conclusive.

9. Acceptance and return of Goods

9.1 Acceptance

The Customer will be deemed to have accepted any Goods as being in accordance with their order and being in good order and condition unless they notify the Seller in writing within 14 days of delivery to the contrary.

9.2 Returns

(a) If the Seller provides consent in writing, the Customer may return the Goods supplied by the Seller for a credit within 14 days of delivery. The Seller may withhold its consent to a proposed return in its absolute discretion.
(b) Goods returned to the Seller in accordance with this clause are subject to a handling fee of 15% of the amount paid for the Goods unless the Goods are accepted by the Seller in accordance with clause 8.2.
(c) All Goods returned under this clause must be received by the Seller in their original condition and packaging.
(d) In order to return the Goods to the Seller under this clause the Customer must:

(i) contact the Seller using the details set out in clause 17 of these Terms; and
(ii) return the Goods to the address set out in clause 17 of these Terms along with proof of purchase showing the date of purchase and the price paid for the Goods.

10. Resale of Goods

(a) The Customer must not on-sell Goods to retailers or wholesalers.
(b) The Customer must not advertise Goods for sale through mail order and/or the internet without the Seller’s prior written consent.

11. Intellectual property

11.1 Intellectual Property Rights

(a) The Seller retains all Intellectual Property Rights in the Goods and all specifications, marketing documentation, logos, marks technical documentation, information or other materials relating to the Goods or otherwise provided to the Customer by the Seller in accordance with these Terms.
(b) The Customer may not use the Seller’s name or any of the Seller’s other brand names or marks in any advertising or otherwise without the Seller’s prior written approval.

11.2 Infringement

The Customer must not and must not cause, permit or assist any other person directly or indirectly to:
(a) copy any intellectual property in the Goods or record or replicate it by any other means;
(b) make copies of or replicate the Goods;
(c) translate, reverse engineer, decompile or disassemble the Goods;
(d) copy, publish, disclose or distribute any documentation associated with the Goods (including without limitation, operating instructions or manuals); or
(e) otherwise infringe upon the Seller’s Intellectual Property Rights in or relating to the Goods.

12. Limitation of liability and indemnity

12.1 Indemnity

The Customer indemnifies and will keep the Seller and its Personnel indemnified from any Loss which the Seller or its Personnel may incur in respect of or arising from:
(a) any breach of these Terms or wilful default by the Customer or its Personnel;
(b) any fraudulent or negligent acts or omissions or dishonest conduct by the Customer or its Personnel;
(c) the Customer becoming insolvent;
(d) any act or omission by the Customer or its Personnel which gives rise to Loss to the Seller in respect of a third party; or
(e) misuse of the Goods by the Customer or its Personnel.

12.2 Limitation of liability

(a) Other than as specifically stated in these Terms, to the extent permitted by law, all conditions, warranties, undertakings or representations (express or implied) arising under statute, common law or otherwise relating to the Goods are expressly excluded.
(b) The Seller’s liability in respect of any Loss relating to or arising with respect to Goods is to the extent permitted by law, limited to any of the following, as determined by the Seller in its absolute discretion:

(i) the repair or replacement of the Goods; or
(ii) the payment of the cost of repairing or replacing the Goods or of acquiring equivalent Goods.
(c) To the extent permitted by law, the Seller will not be liable for and the Customer hereby releases the Seller from:
(i) any consequential loss or damage of any type including without limitation any incidental, special, indirect, punitive or otherwise, including loss of profit, whatever the claim (tort, breach of contract or warranty or otherwise) and whatever the forum, whether arising out of or in connection with the supply or non-supply of Goods or otherwise in connection with these Terms; and
(ii) all claims that the Customer may have or would otherwise be entitled to bring against the Seller in respect of any personal injury or death or damage to or loss of any person including the Customer and its Personnel arising wholly or in part from any act, omission, negligence or breach of these Terms by the Customer or its Personnel.

13. Privacy

(a) The Seller is dedicated to keeping the Customer’s details private. Any information that the Seller collects in relation to customers is kept strictly secured. Subject to clause 13(e) of these Terms, the Seller does not pass on, sell or swap any of its customers’ details with anyone. The Seller uses the information to identify customers’ orders, provide customers with its monthly newsletter (if applicable) and to personalise each customer’s shopping experience with the Seller.
(b) The Seller uses cookies to allow the Customer to login to its account, maintain a shopping cart and to purchase items in the Customer’s shopping cart. Cookies sent to the Customer’s computer from the Seller only last while the Customer is browsing the Seller’s website. The Seller does not store persistent cookies on customers’ computers. Cookies also allow the Seller to give customers a more personalised shopping experience by displaying Goods that interest the Customer throughout the Seller’s product pages, thus providing the Customer with a more friendly interesting and enjoyable shopping experience.
(c) Whenever the Customer uses the Seller’s website, or any other website, the computer on which the web pages are stored (the web server) needs to know the network address of the Customer’s computer so that it can send the requested web pages to the Customer’s internet browser. The unique network address of the Customer’s computer is called its “IP address” and is sent automatically each time the Customer accesses any Internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer but otherwise it is anonymous.
(d) The Seller does not keep a record of the IP addresses from which customers access its website except where the Customer has specifically provided the Seller with information about themselves, in which case the Seller will also record the Customer’s IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order the Customer may wish to make. After completing the form provided, the Customer’s IP address will be stored along with a transaction number that allows the Seller to track the Customer’s order.
(e) The Seller will use also personal information collected from the Customer in accordance with the Seller’s privacy policy. A copy of this policy is available on the Seller’s website. In the event of any inconsistency between the Seller’s privacy policy and the terms of this clause 13, the terms of this clause 13 will prevail.

13.1 Google Adwords Remarketing

We use Google AdWords re-marketing technology to market our sites across the Internet. We place a cookie on your browser, and then a 3rd party (Google) reads these cookies and may serve an ad on a 3rd party site, after you have visited our website.
If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows a customer to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide customers with certain features (e.g., customised delivery of information) available on this web site.
You may opt out of this ad serving on Google’s opt out page

14. Security police

When purchasing from the Seller, the Customer’s financial details are passed through a secure sever using the latest 128-bit SSL secure sockets layer (SSL) encryption technology. 128-bit SSL encryption is the current industry standard. If the Customer has any questions regarding the Seller’s security policy, the Customer should contact the Seller’s customer support centre using the details set out in clause 17 of these Terms.

15. General

15.1 Notice

(a) Unless provided otherwise, notice may be given to a party under these Terms personally, by leaving it at the party’s address, by sending it by pre-paid mail to the party’s address or by sending it by e-mail to the party’s e-mail address.
(b) Notice is deemed to be received by a person when left at the party’s address, if sent by pre-paid mail, on the third Business Day after posting or if sent by e-mail:

(i) at the time shown in the delivery confirmation report generated by the sender’s e-mail system; or
(ii) if the sender’s e-mail system does not generate a delivery confirmation report within 12 hours of the time the e-mail is sent, unless the sender receives a return e-mail notification that the e-mail was not delivered, undeliverable or similar, at the time which is 12 hours from the time the e-mail was sent.

(c) For the purposes of this clause 15.1, the Seller’s notice details are as set out in clause 17 of these Terms and the Customer’s notice details are the details provided by the Customer at the time of purchase.

15.2 Severance

If any provision of these Terms are void, voidable or unenforceable, the provision will be read-down, limited or, if necessary, excluded to the extent necessary to make it not void, voidable or unenforceable, and all other Terms will remain in full force and effect.

15.3 Governing law

CONSUMERS' PROTECTION
(Law of the Republic of Indonesia No. 8/1999 dated April 20, 1999)

15.4 No variation

These Terms may only be amended if the parties agree in writing.

15.5 Relationship of the parties

The relationship of the Seller to the Customer is that of supplier of Goods and neither party is an agent, employee, partner or joint venturer of the other party.

15.6 Assignment

The Customer may not transfer, assign or otherwise dispose of any of its rights under these Terms without the prior written consent of the Seller.

16. Definitions

In these Terms:
(a) CONSUMERS' PROTECTION
(Law of the Republic of Indonesia No. 8/1999 dated April 20, 1999)
(b) Business Day means any day other than a Sunday or public holiday in Indonesia;
(c) Goods means any goods, products, materials or services supplied by the Seller in accordance with these Terms;
(d) Intellectual Property Rights means any present and future intellectual property rights (whether applied for, registered or unregistered), including without limitation all trade secrets, copyrights, letters patent, trade marks and service marks, trade names and business names, know how, designs and circuit layouts;
(e) Loss means any loss, claim, action, damage, liability, cost, charge, expense, penalty, compensation, fines, outgoing or payment (including all legal and other expenses) whether direct, indirect or consequential, present or future, fixed or unascertained, actual or contingent, under statute, in tort for negligence, by contract or otherwise;
(f) Personnel means in respect of a party any officer, employee, contractor or agent of that party; and
(g) Warranty has the meaning as defined in clause 8.2 of these Terms.


17. Seller contact details